Kelowna

As far as the lawyer for residents of Curtis Road is concerned, their  dispute with UBC-Okanagan remains far from resolved.

The university and four of the 12 property owners along Curtis Road have been in a decade-long battle over the use of an easement road that leads from Curtis Road across the neighbour's private lands to the boundary of the UBC-O lands.

Photo: Grant Scott

The dispute between UBCO and residents of Curtis Rd. appears far from over.

In a press release, Tom Smithwick disputes what he calls UBCO's implication that they had won the most recent court decision.

Smithwick says Mr. Justice Barrow expected UBCO to take steps to ensure the court order restricting access was observed.

"It is clear through the media releases that UBCO is interpreting the Court Order very broadly, and far broader than the neighbours believe is intended by Mr. Justice Barrow, and so broad as to allow the students, staff and general public to believe that almost everyone is allowed to utilize the easement road as if it were a public through-fare."

UBCO has since put a sign at the entrance to the road, but Smithwick says the sign is being ignored.

"Clearly signage and the press releases from UBCO are not an adequate enforcement of the terms."

Smithwick's release also asks why representatives from UBCO implied they had won the decision yet are appealing to have the Order overturned.

"The Curtis Road residents do not believe that UBCO is being forthright in its dealings with them or with the information they provide to the general public."

He also argues that the appeal will result in a substantial delay in resolving the issues and use up money that would be better spent "being put into an alternate and safe pedestrian and bicycle route through the university's own property, as opposed to the neighbour's private property."

Smithwick also points out that more time in court means more money down the drain.

"The petitioning residents on this Curtis Road Easement are forced to continue to pay legal fees to protect their private property rights, whereas the government instituted university is using taxpayer dollars to fight their legal battles."