By paNOW

Goats not allowed in Arborfield, judge rules

Oct 13, 2017 | 9:00 AM

A Queen’s Bench judge recently ruled against a couple from Arborfield, Sask. after they argued a bylaw change should not force them to get rid of their specially-bred dairy goats.

According to a written decision handed down Sept. 27, Miranda and Brian Friske both suffer from digestive intolerances to most store-bought milk and acquired two specially-bred goats to produce easy-to-digest milk for their personal consumption. The town administrator told the Friskes that there was no bylaw currently banning goats in the town but advised them to seek the permission of council before purchasing the livestock.

According to the decision, the couple did not wait for council’s direct approval and purchased two female goats from a breeder in October of 2015, housing them in a purpose-built pen on their double lot.

Later that month, the judgment read, the town voted to move forward with a new animal control bylaw prohibiting farm animals within the town limits. The Friskes were informed of the decision and were asked to remove their goats, and the bylaw was passed in December of 2015.

“The Friskes refused to remove the goats and corresponded with the Town suggesting that the Bylaw was unjust,” Justice F. Neil Turcotte wrote.

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The couple argued they should be exempt because they had the goats before the bylaw was enacted, Turcotte wrote. The couple further argued the bylaw was enacted in bad faith, and said it would restrict the use of their property.

The judge ruled in favour of the town, and found the bylaw was legitimate and enacted in good faith without ulterior motives.

“The Friskes had notice of the Town’s intention to enact the Bylaw,” Turcotte said. “[The bylaw] was not motivated by bad faith or an improper purpose.”

Turcotte dismissed the Friskes’ application, and ordered the couple pay the town’s legal costs in the amount of $1,500.

Taylor.macpherson@jpbg.ca

On Twitter: @TMacPhersonNews