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Parents looking for daycare space in Westmount will face a longer wait after opponents of a 120-child facility won their first court battle Friday.

Residents fighting the new childcare centre in an old church won the right to be heard in front of a panel of three Court of Appeal justices, which likely won’t happen until the fall, according to court staff.

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Lawyers for both sides will have to prepare their written materials, then find an available date. A written decision granting leave to appeal was issued Friday.

Childcare space is so tight in the neighbourhood, the nearby YMCA daycare shut its waiting list. At the previous Subdivision and Development Appeal Board hearing, two parents spoke about the challenge finding a space.

But a group of residents say a childcare facility of that size doesn’t belong on a residential street, where it could create problems with noise and traffic.

The legal arguments against the daycare are more technical. On Wednesday, lawyer James Murphy argued the appeal board used the wrong zoning law when it made its decision – it used the current code instead of the code in place when the local direct control zone for the heritage areas was passed.