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Penticton  

Second Skaha Park lawsuit

A second lawsuit has been filed in regards to the controversial water slide development at Skaha Park in Penticton.

Resident Nelson Meikle filed the suit in B.C. Supreme Court on Thursday, naming the city and Trio Marine Group Inc.

The suit states, in part, that where a trust exists compelling use of lands as a public park it is not within the city's authority, directly or indirectly, to use or permit Skaha Park to be used except as a public park.

The city also requires the approval of the electors to dispose of all or part of the park and a lease, such as the lease to Trio, (the waterslide developer), from the city, constitutes a form of disposition.

It further states the city cannot pass bylaws which are inconsistent with the use of Skaha Park as a public park and that the joint entry together with Trio Marine into a lease of land owned by the Crown is a creation of liability, which requires the approval of electors.

The suit includes some of the history of the park and is similar to a lawsuit filed last year by the Save Skaha Park Society.

The society announced Friday that it is proceeding with its civil claim, also against the city and Trio.

It states in part that the society has instructed its legal counsel to put the city and Trio on notice to file their response to the civil claim filed in September of 2015, without further delay.

Since January, 2016, the society has put its legal proceedings on hold to allow time for the city and Trio to negotiate a mutually satisfactory resolution to the waterslide issue without the cost to taxpayers of going to court.

The society took no active role in the negotiations but was encouraged to learn that the discussions were progressing well and had every reason to expect a positive outcome.

However, it has recently become clear that the city  and Trio have been unable to reach a solution and therefore, the very real possibility exists that this divisive issue could continue for many more months.

The society is mindful of its responsibility to its many members and citizens of Penticton who have contributed money for a civil lawsuit against the city and Trio to preserve the park as a free and open natural park accessible to all.

As a result of the new turn of events it has no alternative but to proceed with the next stage of the legal process, the Discovery of Documents phase.

The matter has been ongoing, with many in the city opposed to the development of the well-used park, while others support it believing it to be a boost to the economy, good for tourism and somewhere for families to bring their children.

Mayor Andrew Jakubeit said in a statement that the papers served to us by one individual, Mr. Meikle, echo concerns of the Save the Skaha Park Society regarding park usage.

"With recent gatherings of all parties at one table we are optimistic that a resolution with Save Skaha Park society can be found outside of the courtroom," he said. "We feel this would be the best outcome for all involved. We hope Mr. Meikle agrees that out of court solutions are best for taxpayers."

In the meantime, he added, we  will respond to the claims and continue towards finding a solution outside of the courts.

Another process we are embarking on is our parks and recreation master plan, one of the main tenants of that master plan will be to address the decades old question about the level of commercialization, if any, should be allowed in parks.

It will also clarify which type of park or activity the community wants, and define the level of  process required to achieve that outcome.

 



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