Can a city prevent a private flying club from operating under a by-law?
British Columbia, Canada
The following excerpt is from R. in Right of B.C. v. Van Gool, 1985 CanLII 410 (BC SC):
His Lordship followed Johannesson v. West St. Paul. He concluded that since the flying club possessed a valid federal licence at the location in question, the city could not prevent its use through the device of a by-law enacted under the umbrella of a provincial statute. Of course, that case is not binding upon me but it is one which should receive respectful attention.
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