Board dismisses extension application which opposed former college building conversion

Staff ~ The Truro Daily News
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TRURO - A Truro man's application for an extension of time to file a notice of appeal regarding the proposed conversion of the former Success Business College into an apartment building has been dismissed.
Truro's Gregory Marshall was one of two people (along with Julie Robbins) who appealed a Nov. 3, 2008 decision of Truro town council approving a development agreement permitting the conversion of the former Success Business College into 10 residential units. The appeal was dismissed by the Nova Scotia Utility and Review Board in the spring.
Marshall then filed an appeal of that decision. He had a deadline to file the appeal notice, but due to an error by the registrar, was given an inaccurate filing deadline. Marshall was advised of the error but missed the deadline due to illness and a death in the family. About two months later, Marshall filed the notice of motion for extension, selecting a hearing date of Aug. 6.
In the interim, Joseph Pinto, the successful applicant for the development agreement, contracted to sell the lands in question to Ron Wallace Realty Limited and to assign the development agreement. The real estate transaction has closed and the development agreement has been transferred.
The Nova Scotia Court of Appeal ultimately refused Marshall's request for an extension, pointing to the lengthy delay, insufficient explanation of the delay or a strong case for error.






Organizations: Success Business College, Truro town council, Nova Scotia Utility and Review Board Nova Scotia Court

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