Loughborough Lake Holiday Park (LLHP) owner Del Vezeau is ecstatic over Mr. Justice Hurley’s rejection of South Frontenac Township’s request for an injunction on music concerts and weddings at the park.
“I’m pleased, yeah,” Vezeau said after receiving written conformation of the judge’s ruling last week. “I love the way this guy (Hurley) writes.”
The Township had sought an injunction on concerts and weddings at the park, contending that they contravened its zoning bylaw.
One such concert is the annual Canadian Guitar Festival that brings world-class acts to the Township and one that Council has supported in the past.
Hurley made the following “declaration.”
“I do not believe that an injunction in the terms sought by the applicant (the Township) is appropriate at this stage. The impugned functions have been irregular and there is no allegation that (LLHP) has failed to comply with the bylaw in any other way.
“South Frontenac has supported the Canadian Guitar Festival and it appears that the neighbouring landowners do not object to it. If I was to grant the injunction requested by South Frontenac, this event could no longer take place. The municipality is free to decline an exemption under the noise bylaw for it but I do not want to, in effect, tie its hands by issuing a permanent injunction at this time.
“This does not mean that an injunction would not be granted should (LLHP) contraene the bylaw in the future or fail to abide by the declaration I have made. If that happens, South Frontenac will be at liberty to bring another application or seek a contempt order.”
“The way I read it, as long as I don’t turn this place into a mini-Woodstock, I’m good to go,” Vezeau said. “And I’m not going to do that.
“I don’t want to do anything different than I have been. This is a campground first and while music is recreation, this was never going to be a concert hall in a field somewhere. Without the campground, I have no business.”
Vezeau said the park has a rule that all music shuts down at 11 p.m. whether there’s a concert on or just around a campfire.
“This (action) has cost me money but I’m not bitter and I’m not smug about winning,” Vezeau said. “I just want to work with the municipality and I hope this doesn’t turn into some acrimonious feud.
“I’d like to sit down with Council and discuss how to do business in this township.
“I may even run for Council in the fall.
“I knew I was right but I wasn’t sure I’d win.
The Township declined to comment on the matter.