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News (Media Awareness Project) - CN ON: Conversion Plan For Former Quarry Rolling Forward
Title:CN ON: Conversion Plan For Former Quarry Rolling Forward
Published On:2003-09-15
Source:Hamilton Spectator (CN ON)
Fetched On:2008-01-19 12:45:02
CONVERSION PLAN FOR FORMER QUARRY ROLLING FORWARD

Conversion of a former quarry and controversial religious retreat into
a wetland will begin later this month despite last-ditch attempts by
the former occupants to halt the project.

Sandy Bell, of the Hamilton Conservation Authority, said work on the
design and construction plans for the quarry in the Fletcher Creek
Conservation Area will start in the next few weeks.

Bell said the authority will be calling for tenders for the
construction job and hopes that will be decided by the middle of next
month.

"It's a large project that will take several years to complete," said
Bell. "We're hoping to do the major changes to the land grades this
year. The total part of the plan will be phased in over three years."

From 1969 to 1986, the pastoral retreat, known as Clearwater Abbey,
was occupied by the Church of the Universe. It advocates nudity and
uses marijuana as a religious sacrament.

On July 17, 1986, police evicted three members who had been living on
the property. The three still claim they have a legal right to live
there and have battled the HCA in the courts.

Over the last four months, five judges have heard arguments from the
Church of the Universe. Each time, the judge ruled in favour of the
HCA. Another court date is set for Oct. 6 in Guelph, when Justice
Casmir Herold decides if he will reopen and reconsider his earlier
decision not to set aside a ruling made in 1983.

The court saga began on May 23 when Reverend Walter Tucker, of the
Church of the Universe, brought an application before Herold in Guelph
to set aside a court order that had been made in 1983. Tucker
explained the delay by telling Herold he had just discovered the court
order that had been made in 1983 was a result of fraud. Herold
dismissed the application as being "without merit."

On June 24, Tucker went before Judge Robert Belleghem in Guelph and
asked him to reopen and reconsider Herold's decision to dismiss. In
the meantime they filed an appeal of Herold's decision in the Ontario
Court of Appeals.

On July 14, Tucker brought another motion to add the conservation
authority as a party to his original application, and to ask for an
injunction against the conservation authority in Guelph. That motion
was dismissed.

Eight days later, on July 22, Tucker went back to court before Justice
Joseph Fragomeni, and asked for an injunction again.

Lee Pinelli, lawyer for the HCA, brought a cross motion, arguing the
church's injunction was frivolous.

"We brought a motion to prevent Reverend Tucker from bringing any more
motions without getting prior permission from the court," Pinelli
said. The judge dismissed Tucker's injunction motion. On Aug. 28,
Hamilton Justice Thomas Lofchik heard a motion for leave to appeal the
order of Justice Fragomeni. He dismissed it.
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