In re the Elk Creek lodge: the dam that was there first
A shopping centre wanted the creek straightened. The lodge had been there for eleven generations.
Case
The developer’s survey called it “an obstruction”. Our clients called it home, a nursery and a flood barrier for the village downstream, which nobody had asked them to build.
The tribunal agreed that the lodge predates the parking lot by roughly four hundred years, and that the creek stays as it is. The centre has since added a viewing platform, and its café sells a castor latte.