Judge sides with city, Kamloops AAP lawsuit dismissed

^{Editor's note: This story was updated at 3:55 pm on Friday, Feb. 21 to include comments from the Kamloops Citizens United group.}

A judge has found that the City of Kamloops’ use and execution of a fall alternate approval process (AAP) was “lawful and reasonable.”

The AAP, which passed in September, was to gain electoral approval for two borrowing bylaws to help fund the Kamloops Centre for the Arts and other recreational facilities.

A total of 5,802 forms (6.66% of eligible electors) were accepted in opposition to the $140 million loan that will be used to build the Kamloops Centre for the Arts.

Another 4,025 forms (4.62% of eligible electors) sere accepted in opposition to the borrowing of $135 million to design and build the arena multiplex and advance other Build Kamloops recreation projects.

To defeat either loan authorization bylaw, 10% of electors or 8,713 people would have had to voice their opposition on the AAP forms.

Shortly after the AAP passed, Kamloops Citizens United spokesperson Kathrine Wunderlich filed a challenge regarding the processes within the 30-day limitation period.

That resulted in the city acquiring legal defence as the matter moved through court.

On Feb. 21, Justice Groves ruled in favour of the city on all challenges and confirmed that the city used the AAP process in accordance with the law.

On Friday, the city issued a news release that said the judge also found that the city “appropriately estimated the number of eligible electors, provided adequate public notification, allowed more time than required for the process, and in all respects acted reasonably.”

“We are thrilled with the outcome, and with this legal clarity we are ready to take the next steps in fulfilling this community vision,” said Councillor Kelly Hall, the Build Kamloops Council Select Committee Chair.

“It’s an exciting time for our city, and we look forward to building a cultural and recreational legacy for future generations."

Hall said council has unanimously supported Build Kamloops and that it was "unfortunate" that the actions of one resident have resulted in additional costs to all local taxpayers.

“We look forward to putting this behind us and building the amenities our growing community needs to thrive,” he added.

A spokesperson for the advocacy group that launched the petition for the BC Supreme Court to cancel the AAP said the group was disappointed.

“Justice Groves’ ruling sets an unfortunate precedent confirming that local governments can borrow significant amounts of public money, over a quarter of a billion dollars in this case, without a full referendum, or even effective notice to electors,” said Wunderlich.

“While the former Kamloops This Week was delivered to about 35,000 homes, the City of Kamloops’ advertising of the AAP on its website and social media platforms like Twitter reached only about 5% of the population. This diminishes the public’s ability to have any meaningful say in spending their tax dollars.”

Wunderlich indicated she will be appealing the decision.

Updates on the projects are expected near month.