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Kamloops News

Kamloops AAP petitioner withdraws appeal, vows to take fight to 'political stage'

Doesn't regret AAP battle

The woman who launched an unsuccessful legal challenge of the City of Kamloops’ use of the alternative approval process says she doesn’t regret her decision — and she is setting her sights on political action rather than appealing in court.

Kathrine Wunderlich filed a petition last fall seeking to overturn bylaws allowing the city to borrow up to $275 million for a performing arts centre, arena multiplex, and design work for future projects. If she was successful, the largest capital project in the city’s history would have been brought to a halt.

After B.C. Supreme Court Justice Joel Groves dismissed her petition, Wunderlich considered appealing his decision, but ultimately decided against it after receiving some outside advice.

“This is a better fight at this point on a political stage, rather than one in the courts,” she said.

The counter-petition process is one of two methods the province has set out for a B.C. municipalities to obtain electorate permission for long-term borrowing. It has been used for projects in Kamloops and in other municipalities.

Wunderlich had argued the City of Kamloops failed to follow a lawful and transparent process when undergoing the Build Kamloops AAP, while the city said it was in full compliance with legislation and made reasonable efforts to make people aware of its borrowing proposal.

The judge sided with the city, saying he felt council’s decisions around publishing public notice were “based on reasonable information and reasonable analysis." Groves noted the province also doesn't have any limits on the types of projects or amount of money that can be approved through an AAP versus a referendum.

Wunderlich said while she thinks she could have challenged Groves’ decision, she understood drawn-out court action could end up costing herself, the City of Kamloops and taxpayers a lot of money.

“I don't want to cost the taxpayers more than what they've already done. But, you know, I don't regret challenging the city on this, because the city needs to know that people will be — and are — willing to stand up to say to them, ‘You need to include us, you need to be able to answer for what you're doing,’” Wunderlich said.

Wunderlich had filed an intent to appeal Groves’ decision, while the City of Kamloops also decided to file its own appeal against the judge’s ruling that each party should cover its own legal costs.

Wunderlich said she ended up sitting down with a city lawyer and both parties agreed to walk away from further court action.

The City of Kamloops announced Monday that its Build Kamloops initiative is now moving full steam ahead, with the city walking back its appeal for costs “in the spirit of collaboration and in the interest of moving forward.”

Council said the petitioner’s intent to pursue an appeal of Groves' decision would have posed further delays for the two major capital projects. Council members have said they are hopeful that construction on the performing arts centre could start this year.

“We believe that by resolving this matter, we can maintain momentum on projects that are vital to the growth and well-being of Kamloops," said Coun. Kelly Hall, chair of the Build Kamloops Council Select Committee, in a statement.

Considering a run for council

Wunderlich said she believes the city’s use of the AAP will become a municipal election issue in 2026 — and she is considering a run for council.

“I think I've proven that I'm out there and I'm willing to put things on the line for it, I'm willing to put my reputation, I'm willing to put my money on the line for what I believe is the citizens of Kamloops and what's going to be best for us,” she said.

Wunderlich, who is associated with Kamloops Citizens United, a group with a Facebook presence formed out of the anti-AAP movement, said in the meantime she intends to follow council’s work closely.



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