Vancouver Island Motorsports Circuit pulls application, headed to court

North Cowichan says Monday’s public hearing will go ahead anyway

The Vancouver Island Motorsport Circuit has announced it no longer intends to proceed with its application for its controversial expansion plans.

In a letter to the Municipality of North Cowichan received on Friday, Sean Hern, a partner in the Farris’ litigation group that represents the VIMC, said the Circuit has chosen instead to proceed “in accordance with its legal and equitable rights” on the issue.

RELATED: North Cowichan taxpayers face 133% ‘worst case’ hike from a Motorsports Circuit lawsuit

Hern said the VIMC also does not plan to attend the public hearing on Monday to reconsider council’s decision in October not to rezone the Circuit’s property on Highway 18.

He said that decision was made after council decided on Dec. 4 not to issue a development permit for the expansion.

“VIMC’s perspective is that in denying the development permit, the municipality’s about-face is complete and legal processes will necessarily follow,” Hern said in the letter.

“While it seeks remedies and compensation in the courts for its substantial losses, the VIMC will proceed to mitigate its losses, as it must, by extracting whatever value it can from alternate uses of its land.”

North Cowichan Mayor Al Siebring said Monday’s public hearing will go ahead regardless of the VIMC’s decision not to proceed with its expansion application or attend the hearing.

“Once a rezoning application comes to council, it no longer belongs to the applicant, it belongs to the municipality,” he said.

“At this stage, we can’t make any decisions on the application until the public has had the opportunity to provide input.”

To read the full document from Vancouver Island Motorsport Circuit, click here.



robert.barron@cowichanvalleycitizen.com

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