A Prince George woman is taking the city to court over its refusal to issue her a business licence, claiming that for years she was told she did not need one.
According to a petition filed last week at the Prince George courthouse, Roxanna Hamilton has continuously operated a dog-breeding business, Summer Knight Kennels, out of her home at 3622 Hazel Drive since 1998.
Over that time, she had attempted to apply for a business licence numerous times only to be told she did not need one because her property has been zoned to allow her to run a home-based business.
But in July 2018, she received a notice from the city saying she was contravening a city bylaw that prohibits running the business without a business licence.
In response, she applied once more to obtain the licence but was refused. Hamilton claims that in making its decision, the city did not consider any factors other than the city's current zoning bylaw, passed in 2007, including whether the business could be grandfathered as a legal non-conforming use.
After turning down Hamilton's application, the city then launched a proceeding against her.
The petition was filed on Jan. 21, two days before a bylaw infraction hearing was to be held. The hearing was subsequently adjourned pending a hearing of the petition in B.C. Supreme Court.
"We are waiting for the City's reply on the petition and will then set a date," Hamilton's lawyer, Jon Duncan said in an email.
Hamilton is seeking orders directing the city to issue her a business licence, to cover the legal costs she has incurred and any other relief the court may deem just to grant.
The city had declined to comment on the matter while it is before the court.
