The lawsuit brought forward by Brock Rodgers, on behalf of Wakefield Inn Ltd. against the District of Sechelt and former Coun. Ed Steeves and current Coun. Keith Thirkell, is not time-barred, but Rodgers may not be able to advance the suit further.
Madam Justice Russell ruled Sept. 29 in Vancouver Supreme Court that the lawsuit could legally be brought forward, despite the District's defence that it is beyond the statute of limitations, which says a claim must be filed within six months of the defeated motion.
"She ruled that it is not time-barred and that the action of this type can be brought," said Rodgers' lawyer Gord Kehler.
However, counsel is now trying to set up another date for Russell to consider the District of Sechelt's second contention that Rodgers is not the appropriate person to advance the lawsuit.
"The judge has adjourned the issue of our contention that Brock Rodgers has a lack of standing, in other words was not involved in the original rezoning application and therefore doesn't have standing to proceed with this," said Jo-Anne Frank, director of corporate services for the District of Sechelt. "The judge reserved her decision and another date is to be considered to proceed with that."
At Coast Reporter press time it was unclear when representatives from both parties would be able to meet to have another hearing with Russell.
Rodgers is alleging Steeves and Thirkell used their power as councillors in September 2005 to deny a proposed pub site application, which effectively made a liquor store licence on the Indian Band Lands unusable.
Rodgers says the decision was unlawful and deliberately discriminatory; however, the former and current councillors and the District of Sechelt maintain that no decisions were made inappropriately.
