A new sign showing the proposed location for the Centre for the Arts in downtown Kamloops. (photo via Paul James)
A judge has ruled in favor of the city in its challenge against the Alternative Approval Process (AAP).
The passing of the AAP in September gave the City the ability to move forward with borrowing as much as $275 million to build the long-planned Centre for the Performing Arts, a four-plex ice rink in Dufferin and the advancement of other recreational facilities, including a curling and racquet sport complex, an aquatic centre, and an indoor fieldhouse.
However, the borrowing process was put on hold after a petition was filed in BC Supreme Court, challenging the legality of the AAP in Kamloops, which argued — on various fronts — that the citizens were not given enough information to make a clear decision.
That forced the City to mount a legal defense.
In a news release issued Friday, the City says Justice Joel Groves has ruled in favor of the City of Kamloops on all challenges.
The City says this ruling vindicates the process and allows it to move forward with the projects.
“The decision confirms that the City used the AAP in accordance with the law, appropriately estimated the number of eligible electors, provided adequate public notification, allowed more time than required for the process, and in all respects acted reasonably,” said a Kamloops Council release.
“We are thrilled with the outcome, and with this legal clarity we are ready to take the next steps in fulfilling this community vision,” the release quoted Councillor Kelly Hall, who now chairs the Build Kamloops Committee.
“It’s an exciting time for our city, and we look forward to building a cultural and recreational legacy for future generations.”
“It’s unfortunate that the actions of one resident have resulted in additional costs to all local taxpayers to defend a legal, democratic process,” said Hall. “We look forward to putting this behind us and building the amenities our growing community needs to thrive.”
The suit was filed by Katherine Wunderlich, who is identified as a spokesperson for an online group called Kamloops Citizens United.
“Civic education and advocacy group Kamloops Citizens United, says the fight isn’t over,” stated a release sent out via an email by a group calling itself Kamloops Citizens United, in which Katherine Wunderlich is identified as a spokesperson. “We’re disappointed, of course,” said Wunderlich, in suggesting an appeal of the ruling could be forthcoming.
“Justice Groves’ ruling sets an unfortunate precedent confirming that local governments can borrow significant amounts of public money, over a quarter of a billion dollars in this case, without a full referendum, or even effective notice to electors,” claimed Wunderlich.
