A Dartmouth couple is upset the city is appealing the results of a court case allowing them to keep a 10-year-old garage Halifax officials say is too big.

"We were told by city staff when it was built it was fine," said homeowner Michael Moore.

Moore and Bridgid Bowers were ordered to demolish the 750-square-foot building on Stone Avenue two years ago. Bylaw officers said it's 100 square feet too big.

According to the city, the couple did not get a permit when the garage was first constructed, but bylaw officers didn't check out the site until a complaint was laid. The couple doesn't know who complained.

"It's nobody from around here," said Moore. "They even offered to sign a petition. It's not bothering anybody."

Judge rules in couple's favour

The homeowners looked into making the building smaller, but the estimate for the changes was $11,500. When they refused to demolish it, the case went to court.

A judge ruled in the couple's favour in early February, saying the city should have done something within two years of construction.

Their lawyer is surprised the city is appealing.

"They can't go back in time to prosecute these historical offences," said lawyer Richard Norman.

"If HRM wants to rewrite the law to strike out the limitation period, they should go ahead and do that. That makes more sense than continuing this saga against my clients."

The city says Moore admitted at trial that he'd spoken with staff and he knew he needed a permit to build the garage and went ahead without one.

"At no time did the municipality give him permission to proceed. As a result, no safety inspections were done on the building and 10 years later it remains an illegal structure today," city spokeswoman Jennifer Stairs said Monday.

'When is it going to stop?'

Moore and Bowers have just been notified of the city's decision to appeal, although no date for the hearing has been set.

"Why are they coming back after us?" asked Bowers. "It's very frustrating. We went through the legal system. We won. Now it means more stress on us, more legal fees. When is it going to stop?"

The couple has already spent more than $5,000 on the case.

The case may be about the size of the structure, but if the ruling stands Stairs says "it could open the door for a variety of violations of land-use bylaw."

From the city's perspective, those violations could include building too high, too many units or engaging in illegal commercial activities.

"Such a precedent could encourage residents to build without first obtaining the proper permits and may limit the municipality's ability to take action to address illegal uses," Stairs said.