Pubdate: Thu, 05 May 2011
Source: Abbotsford Times (CN BC)
Copyright: 2011 The Abbotsford Times
Contact:  http://www.abbotsfordtimes.com/
Details: http://www.mapinc.org/media/1009
Author: Susan Lazaruk
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

MISSION RESIDENTS SUE OVER GROW-OP 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 press conference Wednesday 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 to 
recover their costs," he said, adding 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 said he predicts the district won't return to the inspections, 
considering the lawsuit.

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

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

The B.C. 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. 
Gowanlock said he hopes if the lawsuit is successful it will also 
preclude other municipalities from drafting similar bylaws.
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MAP posted-by: Jay Bergstrom