Developer files court action against Comox Valley Regional District

Developer files court action against Comox Valley Regional District

Orders sought in wake of rejected proposal for 1,100-home riverfront development at Stotan Falls

The Comox Valley Regional District has been served with a petition to the Supreme Court of B.C. that was filed by 3L Developments. The company is seeking nine court orders linked to the CVRD board’s Oct. 2 decision to deny its application for an amendment to the Regional Growth Strategy to create a new settlement node. District solicitors are reviewing the petition and accompanying materials as they prepare to defend the claim.

“The CVRD has been committed to a fair, transparent process for the application, and will continue to be respectful towards the court process and applicant’s options moving forward,” CAO Russell Dyson said in a statement.

The Nanaimo-based 3L had hoped to create a riverfront community near Stotan Falls, consisting of about 1,100 homes and a 250-acre park. The company has twice won court decisions after challenging the CVRD about due process.

3L president Dave Dutcyvich, who has owned the property for about 12 years, would not comment.

Part of the petition filed by 3L refers to an agreement reached following an allegation made to the BC Human Rights Tribunal in 2014. Dyson said the CVRD received a complaint in January of that year, through the tribunal, that Area C director/former board chair Edwin Grieve had made racist remarks about Kabel Atwall, 3L Developments’ representative. The CVRD entered into a settlement hearing to respond to the allegations. According to Dyson, Grieve refutes the claim that he made any such statement.

Dyson also notes the CVRD and Atwall entered a settlement agreement, which included a confidentiality clause and a clause confirming that Grieve did not make any such comments.

“As the agreement contained a confidentiality clause, the CVRD intends to uphold the spirit of that clause and not discuss the matter further,” Dyson said.

The Human Rights Tribunal dismissed the complaint in May 2014.

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