REJECTED BY KINGSTON CITY HALL, LOWE'S CANADA IS NOW FIGHTING BACK.

THE GIANT RETAILER IS TAKING THE CITY TO THE ONTARIO MUNICIPAL BOARD -- OVER ITS REFUSAL TO ALLOW A HOME IMPROVEMENT STORE ON THIS INDUSTRIAL LAND ALONG GARDINERS ROAD.

HAL LINSCOTT/ CITY SOLICITOR

PEOPLE ARE AWARE THAT COUNCIL REFUSED LOWE'S APPLICATION.

LOWE'S HAS CHOSEN TO APPEAL THAT REFUSAL TO THE OMB.

IT'S NOW A MATTER OF SCHEDULING A HEARING BEFORE THE BOARD, AND BOTH PARTIES MAKING THEIR CASE"

THE APPEAL MAY COME AS NO SURPRISE TO THOSE WHO FOLLOWED COUNCIL'S DECISION LAST MONTH.

BY A RAZOR THIN 7-6 VOTE, AND WITH THE ADVICE OF THEIR OWN PLANNING STAFF, COUNCILLORS DECIDED "NOT" TO ALLOW LOWE'S TO REZONE 15-ACRES OF LAND FOR COMMERCIAL USE.

A DIVIDED COUNCIL... AND A DIVIDED COMMUNITY.

" THE JOBS AND TAXES THAT IT BRINGS TO THE CITY.

SO I THINK IT SHOULD BE DONE"

" I DON'T SEE WHY THEY COULDN'T DO IT, AND BRING JOBS, SO I THINK THAT'S A GOOD IDEA."

"YOU LIKE TO SEE GROWTH AND CHOICE THAT SHOWS US AS PROGRESSIVE.

BUT YOU DON'T LIKE TO SEE BIG COMPANIES STEAMROLLER OVER THE SMALL GUYS, AND CREATE THOSE PROBLEMS.

SO IT'S A TOUGH DECISION."

SUPPORTERS OF LOWE'S ACCUSE THE CITY OF TURNING ITS BACK ON 340-THOUSAND DOLLARS IN TAX REVENUES AND 175 RETAIL JOBS.... ESPECIALLY IN THESE TURBULENT ECONOMIC TIMES.

"IN ITS APPEAL, LOWES CANADA SAYS THE PROPOSED BIG BOX DEVELOPMENT WILL BRING A WEALTH OF ECONOMIC BENEFITS TO THE CITY, ADDING THERE'S BEEN A "DEMONSTRATED LACK OF INTEREST" BY INDUSTRY ON THAT LAND.

LOWE'S CONCLUDES THE PROPOSED SITE WOULD BE BETTER SUITED FOR COMMERCIAL USE."

LOWE'S AND ITS SUPPORTERS POINT TO THE AREA'S COMMERCIAL HUB STATUS -- AND THAT ONE MORE STORE WON'T MAKE ANY DIFFERENCE.

BUT MUNICIPAL PLANNERS SAY THE KINGSTON NEEDS TO PROTECT WHAT LITTLE INDUSTRIAL LAND IT HAS LEFT... AND NOT TURN IT OVER TO BIG BOX STORES, LIKE THE KIND THAT ALREADY DOMINATE THE WEST END.

SOME COUNCILLORS TRIED EARLIER THIS WEEK TO REOPEN THE DEBATE, BUT THAT FAILED.

SO, IT NOW APPEARS THE CITY WILL HAVE TO DEFEND ITS POSITION AT THE OMB.

LINSCOTT:

"IT'S QUITE POSSIBLE AND INDEED LIKELY THAT COUNCIL WILL INSTRUCT US TO DEFEND THE APPEAL.

IN TERMS OF COST, I DON'T THINK IT'S IT'S GOING TO BE ANY MORE COSTLY FROM THE CITY'S PERSPECTIVE THAN ANY OTHER OMB HEARING"

LOWE'S IS EAGER TO GET A PIECE OF THE CITY'S LUCRATIVE HOME IMPROVEMENT MARKET.... AND IS WILLING TO SPEND HUNDREDS OF THOUSANDS OF DOLLARS TO CONVINCE THE OMB THAT THIS SITE IS RIGHT FOR ITS STORE.