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Lawsuit against District of Sechelt dismissed

BC SUPREME COURT
Supreme court
A lawsuit filed by the Tuwanek Ratepayers Association (TRA) against the District of Sechelt and its approving officer Ray Parfitt was dismissed in B.C. Supreme Court last week.

A lawsuit filed by the Tuwanek Ratepayers Association (TRA) against the District of Sechelt and its approving officer Ray Parfitt was dismissed in B.C. Supreme Court last week.

In February the TRA filed a lawsuit against the District and Parfitt in B.C. Supreme Court alleging Sechelt wrongfully issued a development permit to Eden Pacific and that Parfitt acted, “beyond the powers granted under the Land Title Act,” when he gave preliminary approval to the subdivision application.

Eden Pacific is a 35-lot cluster strata subdivision at the foot of Mount Richardson above Tuwanek.

On Oct. 17 the District said in a news release that the TRA’s petition had been dismissed.

“In oral reasons for judgement released Oct. 15, Justice Pearlman ruled that Sechelt’s approving officer acted reasonably and within his jurisdiction in giving preliminary approval to Eden Pacific’s bare land strata subdivision application,” the press release stated. “The Tuwanek Ratepayers Association withdrew a challenge of the development permit issued by the District to Eden Pacific on Aug. 22, 2013 for its petition.”

TRA president Lynne Forrest would not comment on the judgement this week noting, “it is not appropriate to give comment on a verbal decision until there is an official transcribed court copy of the judgement available to refer to.”