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Appeal Court Judge Denies Abraham Glacier Wellness Resort Permission to Appeal

Alberta League for Environmentally Responsible Tourism

December 1, 2004

In a decision released yesterday, the Honourable Justice Berger dismissed an application by 1006335 Alberta Inc. for leave to appeal the decision of
the Clearwater County Subdivision and Development Appeal Board (SDAB).

In their June 2004 decision, the SDAB had denied 1006355 Alberta Inc. a development permit for their proposed Abraham Glacier Wellness Resort.

The Appeal Court Judge denied permission to appeal the SDAB’s decision because the appeal would have little chance of success.

The Judge found that the main basis for the SDAB’s decision was the lack of information provided by the proponent. The Appeal Court decision states, “the results of any appeal to this Court would, in my opinion, not result in a reversal of the SDAB. In summary, the evidentiary deficiencies noted by the SDAB are incapable of being overcome.”

Go to
http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2004/2004abca0385.pdf
to see the written reasons of the Honourable Mr. Justice Berger.

Martha Kostuch, President of A.L.E.R.T., the Alberta League for Environmentally Responsible Tourism, said, “We are pleased with this decision. We believe Clearwater County made the right decision when they denied a development permit for this proposal. We are glad that the proponent will not be allowed to appeal the County’s decision. We hope this is the end of this proposal.”

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For more information contact:

Martha Kostuch – 403-845-4667
or
Alan Ernst – 403-721-2117

Background

The upscale resort was proposed to be situated in the North Saskatchewan River Valley at Cline River, the last larger montane eco-system of the Eastern Slopes still free from excessive commercial development. This area,
only 40 km from Banff National Park, is crucial for wildlife, and special to both First Nations people and outdoor enthusiasts seeking tranquility and wilderness experience away from the over-developed tourism centres of
the National Parks.

The proposed resort would have consisted of 5 main buildings, 5 guest lodges with a total of 90 guest rooms, as well as 130 cottage units, plus ancillary buildings. It would have provided spa, recreational, conference and dining facilities for up to 650 guests (excluding staff and day visitors) and in total planned to occupy about 520 acres (almost 2 square kilometres) 2). Original proposals included a clinic for cosmetic surgery. Over 300 staff were to be housed in Nordegg, 45 km from the proposed resort.

Posted December 16, 2004 by russ

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