The Richmond Hill Naturalists have gone to the courts seeking to appeal  an Ontario Municipal Board (OMB) decision over the David Dunlap Observatory (DDO).

The naturalists are seeking leave to appeal to the courts a July 22 OMB decision that denied a request for review of a May 1 OMB decision regarding the DDO. The May 1 decision reflected the terms of a settlement reached between five parties over the property and approved Official Plan Amendment 270.

“The argument is that the Ontario Municipal Board’s decision was inconsistent with an earlier decision of the Conservation Review Board,” said the Richmond Hill Naturalists’ lawyer Rory Gillis, citing the Conservation Review Board’s (CRB) recommendation to designate 74 per cent of the DDO lands as cultural heritage landscape.

“The big issue they’re advancing on this appeal is what respect needs to be paid to this Conservation Review Board decision,” said Gillis.

“One of the things that’s important is that decisions of provincial tribunals like the CRB, when they proceed into another forum, that the OMB should give deference to those decisions,” said Naturalists’ board member and former president Marianne Yake. “And we believe that they failed to recognize the ruling.”

Karen Cilevitz, chair of the David Dunlap Observatory Defenders, said the group was completely satisfied with the OMB’s decision and was troubled by the naturalists’ recent move to appeal.

“We are gravely concerned for any delays that may occur that will delay the transfer of ownership of the land and the buildings to the town,” she said, referring to what is to be conveyed to the Town of Richmond Hill as per the OMB ruling.

Richmond Hill Mayor Dave Barrow said it has been a “long, prolonged fight” and the Town of Richmond Hill will be observing the leave to appeal.