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& No. 112° No. 52 Wednesday, November 8, 1978 40 pages Judgement Reserved Supreme Court case - 'between Scugog-Rush J ¢ # Judgement has been reserved in the Ontario Supreme Court case between Agincourt businessman Carl J. Rush and Scugog Town- ship. Mr. Rush is seeking a court order to force the Township council to pass an amendment to the zoning by-law which would allow him to purchase a 10-acre building lot in Old Reach Township. The Ontario Cabinet has ordered the by- law amendment, but the local council has steadfastly refused to go along with this order on the grounds that it would set a precedent and is an interference in local matters. Justice Patrick Galligan heard arguments by lawyers for Mr. Rush and Scugog Township last Wednesday at Toronto's Osgoode Hall. After almost three hours of argument based on complex legal technicalities, Justice Galligan said he would reserve judgement because of the importance of the case which in effect is questioning the extent of the legal aut- hority of the Ontario Cab- inet. Acting for Scugog Town- . Two more senseless acts of vandalism The OPP detachment at Whitby reports two more acts of senseless vandalism in Scugog Township, adding to the growing list over the past several weeks that has resulted in thousands of dollars in property damage. The latest incidents took place some time during the night of November 2-3 at Prince Albert Public School where large rocks and cement blocks were heaved ' E'S oA 4 ed Pm " | as a7 through four plate glass windows on the south side of the school. The half-inch thick 60 by 75 inch windows were com- pletely smashed and damage is estimated at $800. The same night police report that rocks were used to smash a large portable advertising sign in front of Ridgeview Garage on the Oshawa Road south of Port Perry. Damage in this inci- dent is estimated at $550. i & HR SIA Voter turn-out at the advanced poll held Saturday in Port Perry was considered heavy with about 200 persons casting ballots. That may be an indication ship, Whitby lawyer David : Sims argued that while legis- lation allows the Cabinet to rescind or vary decisions of the Ontario Municipal Board, the Cabinet does not have the authority to order a complete reversal of an OMB decision. The Ontario Municipal Board in the spring of 1977 rejected an appeal by Mr. Rush that the re-zoning be allowed and that the Durham Region Official Plan be amended. The Cabinet order of January, 1978, reserved the OMB decisions and stated that the re-zoning and Official Plan amendments be passed. MEANINGS At one point during the proceedings in court last week, Mr. Sims, Mr. 'Justice Galligan and Ted Kerznen, lawyer for Mr. Rush, were consulting dictionaries for the precise meaning of such words as 'vary' and "res- cind." Mr. Justice Galligan noted that the word "vary" means to change but keep the essen- tials. "Is that the case we have here?" he asked. "I'm having trouble," he (Turn to page 3) Good Turnout For Advance Poll + i } : 3 i » ' i : gt § i : Ha ie > 8 3 $a ay Valedictory Trophy Derek Baker has plenty of reason to smile! The trophy he is receiving from student council president Kathy Smith is the Port Perry High School Vale- dictorian Trophy, which is presented each year to the pupil chosen to give the valedictory address at the annual commencement. Derek was presented the trophy following his address to a packed auditorium last Friday evening. More about the commencement on page 14. Halloween Prank Fire destroys barn Scugog Fire Chief Jack Cook said last week that a fire which destroyed a barn in Greenbank on Hallowe'en night, appears to have been deliberately set, and the department is treating the incident as a Hallowe'en prank. } The call was turned in to Unit One of the department at 2:20 a.m. November 1 and « that the vote will also be heavy on polling day for the municipal elections November 13. by the time firefighters arrived on the scene, the large wooden barn was pretty well destroyed. It was located on the east side of Highway 12 in the south part of the community on land that is now being developed for a subdivision. Estimates of the damage are not available, however, the structure was vacant at the time of the fire. The barn fire was the most serious incident reported on Hallowe'en night, although Members of Scugog coun- cil expressed surprise and confusion that the three-day deer hunt went ahead as usual in the Township this week. Several councillors said at a regular meeting Monday afternoon that they were under the impression there would be no hunt-this fall because there was no recent notification from the Mini- stry of Natural Resources office in Lindsay. The deer hunt, shotguns only and no dogs allowed, got underway in Scugog on Mon- day morning and ended today, Wednesday. The hunt has been the subject of criticism because of complaints from property owners who say that hunters are trespassing without the required written permission. both police and fire depart- ments were out in force and ready for any difficulties. A spokesman for Whitby OPP told the Star that extra officers and auxiliary police were on patrol in the Town- ship in cruisers, un-marked cars and the paddy wagon. "We had the usual stuff, a few eggs thrown, a few bottles, but all in all it was not a bad night, really," said the police spokesman. About 20 members of the (Turn to page 2) urprise over deer season A letter to council dated October 9 from the Durham Region Federation of Agri- culture asked if hunters could be made to write '"'a paper on certain types of hunting, including rules per- taining to trespassing on private property." The confusion among members of council arose because the Ministry of Natural Resources has the authority to allow the hunt. The present council, in March, 1977, turned down a resolution to ban the hunt in Scugog that year, and since then there has been no fur- ther move on the part of the council to have the hunt banned. Councillors as- sumed that the "Ministry would inform the Township (Turn to page 3) pea, Ape yy Si ne - ea PE et i on - a So Pi J Yu. -. » ". a ee ---- es; 3 NG a wi Th v Le - " I gl oA al AC Ea Te SE Ae A SHEAR So - - a - en Cry % a Bo he De A 7 > £2 TR A Ts ks Ae