What is the position of conflict between a municipality and a conflicting concern?
British Columbia, Canada
The following excerpt is from The Member Groups Of The Wild Salmon Coalition v. The Corp. Of The City Of North Vancouver, 1996 CanLII 2675 (BC SC):
43 The petitioners point out the position of conflict the council was placed in when presenting a measure which would provide municipal revenue at the expense of a conflicting concern. This feature is recognized as inviting greater scrutiny in Surfside R.V. Resort v. Parksville (1983) 15 M.P.L.R. (2d) 296 (B.C.S.C.), Wilkinson J. at page 305 said, "Where a municipality finds itself in a position of potential conflict it must, as I have set out, act with greater care than usual to see that its purpose and motives remain directed towards the zoning or other regulation under consideration, and not to any improper purpose".
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