A local landowner is threatening to sue the District of Squamish over a wall.
Doug Day, owner of the former Garibaldi Spring Golf Course, notified property owners whose land is supported by a wall he claims is built partly on his land that he's taking the district and those who built the structure to court.
The 50-foot rock stack wall is at the north end of Day's 145-acre property. In a letter to property owners, Day wrote that he is seeking relief and damages against the district, L&A Equipment Ltd., Binnie and Co., Thurber and Co. and W. Dowad Ltd. parties involved with the oversight and construction of the wall.
The wall has been the centre of a dispute before. In 2009, W. Dowad Ltd. and L&A Equipment Ltd. were charged with constructing the wall closer to Newport Creek than permitted by the Department of Fisheries and Oceans (DFO). Through a restorative justice process, a panel decided that as compensation, the companies should contribute cash and services valued at $62,000 to restore the creek.
"I guess they figured, 'Well, that's all fine and done with, we paid our dues and now we will go home.' But they didn't deal with me," Day said, noting the district turned a blind eye to the discrepancy because it supported the municipality's sewer main.
There is a logical explanation for the situation, said Norm Dowad, a director with W. Dowad Ltd. Dowad's father Wilf, the principal of W. Dowad Ltd. died on April 26. Before his death there was an agreement between Wilf Dowad and the former owner of the golf course regarding the wall, Dowad said, noting the reason for the wall's design is to incorporate district utility services.
Dowad said he felt the matter was a political issue, adding that he sees the letter as a pretext for Day to try to gain road access to his land via W. Dowad Ltd. property.
Day's letter comes a week after Committee of the Whole's 6-1 vote not to move forward with Day's proposal that would see 80 acres transferred to the district for park in and rezoning of the north and south portions of the golf course to small-lot residential. The southern portion of the land would then be purchased by Townline for both the small-lot development and road access to Townline's property in Garibaldi Highlands.
With Day threatening litigation, Squamish Mayor Greg Gardner said he was unable to comment on the issue. On Tuesday (Nov. 15), Gardner, the only council member to vote in favour of moving the project forward a week earlier, changed his vote.
After talks with the principal of Townline, Gardner said he originally voted in favour of the project because the development company wasn't against reconfiguring the proposal. Since then, Day has taken an unreasonable approach to the rezoning, Gardner said, noting he doesn't believe Townline would now be in the position to negotiate.
Day said the whole situation makes no sense. The district came up with the rezoning idea, Day said, and that all he wanted to do was donate a park to the community. Day said he had no need for the rezoned land, as he already has 175 lots at University Heights ready to go.
"They (the district) figured it all out for us," Day said. "It's what everyone wanted, so that is what we gave them."
Contrary to Day's suggestion, there was never an offer of donating the park to the municipality, Gardner countered.
"I can say with some confidence that if Mr. Day wishes to sign that property over to the District of Squamish today, we would likely accept it," Gardner told The Chief. "But he is not offering that. He is wanting rezoning in exchange."
