A marijuana grow-op at a residential property in Waubaushene operating in contravention of Tay Township zoning bylaws has been issued a second court order to cease operations.
In early September, an Ontario Superior Court judge found the property owner and lessee guilty of contempt of court for not following a court order issued last year.
In October 2018, Justice R. Cary Boswell issued an injunction prohibiting anyone from growing, cultivating or producing marijuana at the Coldwater Road residence.
Marijuana has been grown at the residence since July 2014. However, the property is located in an area zoned village commercial, and township zoning bylaws only allow cannabis grow operations and processing facilities to be located in areas zoned general industrial and prestige industrial.
Zhangjian Fan, who owns the property, and lessee Van Ty Duong have been growing marijuana at the residence in contravention of the zoning bylaw for more than five years.
The two ignored the first court order and continued operations.
Duong grows marijuana under his own federally approved personal medical marijuana growing licence. He also legally grows for three others: Sehl Bel Xin, Tho Bich Nguyen and Hai Thanh Nguyen.
Under these licences, which were issued in 2014, all four individuals are legally allowed to grow 244 plants each.
“At last count, there were 878 plants on the property,” said Brian Thomas, Tay Township fire chief.