What is the test for invalidating a zoning bylaw?
British Columbia, Canada
The following excerpt is from Delta Lion Pub & Bistro Ltd. et al. v. Corporation of Delta, 2003 BCSC 1668 (CanLII):
As the Court of Appeal stated in Petro-Canada v. North Vancouver (District) (2001), 17 M.P.L.R. (3d) 1 at 6: Zoning bylaws by their very nature are inherently discriminatory. They are invalid only if they are unreasonably discriminatory... The type of discrimination which is commonly found to be unreasonable or prohibited is discrimination against specific users versus discrimination against certain uses.
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