Appeals dropped after unsuccessful court challenge; Build Kamloops projects moving ahead

AAP appeals dropped

Photo: Castanet

City council says its Build Kamloops initiative is moving forward after the petitioner who launched an unsuccessful court challenge against last summer's alternative approval process decided not to appeal.

Kathrine Wunderlich filed a petition last fall seeking to overturn bylaws authorizing the city to borrow up to $275 million for a performing arts centre, arena multiplex and design work for future recreation projects.

B.C. Supreme Court Justice Joel Groves dismissed the petition but stopped short of requiring Wunderlich to cover the city’s legal costs, ordering each party to pay their own bills.

The city appealed the decision on costs, while Wunderlich filed an intent to appeal Groves’ ruling, telling Castanet Kamloops she wanted time to review the hearing transcription and decide if she had a case.

In a statement Monday, Kamloops city council said Wunderlich is no longer appealing, and the city has likewise walked back its appeal “in the spirit of collaboration and in the interest of moving forward.”

Coun. Kelly Hall, chair of council’s Build Kamloops Select Committee, said Groves’ decision reflects the city’s commitment to making sure the large capital projects progress without further delay, prioritizing the best interests of taxpayers and the community.

“We believe that by resolving this matter, we can maintain momentum on projects that are vital to the growth and wellbeing of Kamloops,” he said.

The AAP was carried out in the summer of 2024. As per the counter-petition process, there weren't enough forms submitted opposing the borrowing, giving the city the green light to move ahead with the Build Kamloops projects.

City council adopted the two borrowing bylaws in September, and Wunderlich filed her petition in October.

Build Kamloops working groups were temporarily halted after the lawsuit was filed, but have since started up again.

“We know it’s been a long road, but the challenges are now behind us, and we’re ready to move forward,” said Coun. Mike O’Reilly, past Build Kamloops committee chair, in a statement.

“With construction hopefully beginning in 2025, we’re thrilled to finally bring these projects to life — for our artists, athletes, families, and the entire community.”