Saskatoon's failed organics processor is taking Corman Park to court

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The company that defaulted on an organics processing contract with the City of Saskatoon is taking the RM of Corman Park to court.

On Wednesday, the city declared Green Prairie Environmental (GPE) was in default of its contract to process organics, and Loraas Disposal would continue the work.

GPE has submitted an application to Kings Bench court asking it to overrule a decision by Corman Park council not to grant a permit to construct a composting site south of Saskatoon.

GPE was awarded the contract in 2019 to process organics material collected through the green cart program.

Though the company didn’t have an existing facility, it planned to build one at a landfill site it already operated in the RM of Corman Park.

GPE submitted a discretionary use application to the RM for council approval of the facility, but it was voted down during a meeting in April.

Because GPE didn’t have a facility available, the City of Saskatoon had to find a back-up plan, and contracted Loraas to process organic material.

In its court application, GPE alleges it should never have had to submit a discretionary use application to build a compost facility at it’s landfill site, and that the existing development permit covered the use of the facility.

The company’s Director Richard Weldon filed an affidavit, saying that in May of 2019, he and an employee met with RM administrator Adam Tittemore along with a municipal engineer.

Weldon says he asked Tittemore if the Saskatoon organics contract posed any issues related to the current site or constitute a change in use that would require a development permit. Weldon says neither Tittemore nor the engineer raised any concerns at the time.

Adam Tittemore left his position in 2021 to join the city clerk’s office in Saskatoon and was replaced by Ken Kolb.

Weldon says that in February of 2023 a senior planner at the RM advised him the municipality had obtained a legal opinion that it should require a new discretionary use permit for the compost facility, “out of an abundance of caution.”

“In all of Green Prairie’s discussions with the RM staff, we were advised that the development permit application process was purely procedural, and that once we filed an application, and satisfied the RM that the application requirements had been met, that the development permit application should be approved on its merit,” Weldon writes in his affidavit.

Green Prairie believed its existing development permit for what was already operating at the site was sufficient, but decided to apply for a new one “in order to avoid a potential contentious situation with the RM.”

GPE says it also had a number of signatures from residents who supported the application.

But at the hearing in April, the permit application was voted down by councillors.

GPE alleges the application was not considered on its merits, and that several meeting procedures were violated during the April hearing in terms of who would be allowed speak.

It also says it was not given a chance to address concerns raised by those who spoke during the hearing.

The company is asking the court to overrule the decision by the RM of Corman Park and compel the council to allow the applicants’ discretionary use application.

CTV News contacted the city for a response, but City Solicitor Cindy Yelland said they would not comment as they are not a party to the lawsuit.