Pubdate: Wed, 04 May 2011
Source: Province, The (CN BC)
Copyright: 2011 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Susan Lazaruk

HOMEOWNERS SUING OVER GROW-OP BYLAW

High Electricity Bills Prompt Searches

Dozens of Mission homeowners whose houses have been inspected as
suspected marijuana grow operations are launching a class-action
lawsuit to recoup the thousands of dollars the inspections have cost
them.

The district had passed a bylaw allowing authorities to inspect
properties with higher than average hydro usage, charging the
homeowners up to $10,000 for the inspection and repair fees, even when
no grow-ops were found.

The class-action lawsuit is supported by the B.C. Civil Liberties
Association, which is holding a news conference today to announce it.

"Every house that has been searched is automatically included in the
lawsuit unless they opt out," said homeowner Stacy Gowanlock, a
Mission contractor who was dinged $5,200 for inspection fees and $680
for a repair bill to his hot tub after his home was targeted under the
district's controlled substances property bylaw.

"I would like to see everybody who was affected by this bylaw recover
their costs," he said.

He said there were "well over 300" households affected.

Mission municipal council in January placed a 30-day moratorium on the
searches, which Gowanlock said has been extended to at least May 24.

He predicts the lawsuit will deter the district from returning to the
inspections.

"But the damage has already been done," he said.

In addition to the costs, homeowners who have been targeted have lost
market values in their homes, been ridiculed by their neighbours, had
their children taunted at school and some have been forced to sell
their homes, he said.

The civil liberties association has said the searches put "innocent
people under horrible duress" and that "fining people for imaginary
grow-ops does nothing to increase safety in Mission."

The next step is for the class action to be certified by the courts. 
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MAP posted-by: Richard Lake