A Divisional Court, Superior Court of Justice of Ontario, hearing challenging a decision made at the Ontario Municipal Board (OMB) for the lands at the David Dunlop Observatory (DDO) in Richmond Hill concluded on Dec. 9. Following the judge’s ruling, which is expected soon, it may finally be determined how much of the green space surrounding the observatory will be preserved.

Represented at the meeting were two community groups, the David Dunlap Observatory Defenders and the Richmond Hill Naturalists; developers Corsica and Metrus; and the Town of Richmond Hill.

The Richmond Hill Naturalists was the group challenging last year’s OMB decision to transfer ownership of more than half of the 189-acre green space to the Town of Richmond Hill. According to former RHN president Marianne Yake, the Board’s ruling set a negative precedent beyond the borders of Richmond Hill.

“If you can’t protect something so unique, how does someone with a small heritage house protect it when you have a decision like this at the OMB that sets a precedent for everybody else in the province?” said Yake.

The Defenders group was supportive of the board’s decision, and found that the Naturalists’ articles at the hearing were not relevant.

“The [RHN] presented their side, which relied heavily on [Ontario’s] Conservation Review Board definitions and findings,” said DDOD chair Karen Cilevitz. “Corsica’s response laid out the very clear differences between the CRB and OMB, their process and procedures … and how those legitimate definitions bear on the facts ot this case.”

Judge Susan Himmel will be presenting her decision early this year.