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City Vs Columbus Hotel Appeal to be Heard in P.G.

By 250 News

Friday, March 11, 2011 04:00 AM

EXCLUSIVE

Prince George B.C. – Opinion 250 has learned the Court of Appeal for British Columbia will be sitting in Prince George one week from today.
  
The   case that will be before the three Justices, is the City of Prince George vs Columbus Hotel Company (1991) Ltd. This is the case, where the City has been trying to recoup demolition and clean up costs incurred in the wake of the Columbus Hotel fire.
 
In its original statement of claim, filed in February of 2009,   the City was calling on the court to have the former owner of the hotel pay $175,279.85 for the clean up and back taxes,  plus court costs. The former owner of the hotel argued successfully in Supreme Court  that he was not responsible for the clean up as the City owned the property as the result of a tax sale.  The court ruled the City could not recover remedial expenses from an occupier of property owned by the City unless the occupier caused or contributed to the condition requiring remediation. So the City lost that round.
 
The City has not said how much money in legal costs has been spent  trying to recoup the cost of the clean up and  back taxes.
 
The Court of Appeal actually sitting in Prince George is a rare event.   The most recent was a ceremonial sitting to mark the Court of Appeal’s centenary last fall.   There was no actual case presented at that sitting. Prior to that, it has not heard a case in Prince George for at least a dozen years.   
 
The session next Friday will be what is considered a “Partial Day” sitting, which will start at 10:00 a.m. and end at 12:30 . It will require having three Court of Appeal Justices to come to Prince George to hear the arguments from the City’s legal counsel  and the  defendant as to why the previous court ruling should or should not be overturned.

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Comments

When it's all said and done it would just be cheaper to stick the taxpayer with the original cleanup cost because now we are going to pay for that plus the court costs. Ya right, I buy a burnt down house and expect the previous owner to pay for the cleanup? I think not, unless it was in the terms of sale. Idiots.
I agree with the comment. When the city expropriated the property, that was their first mistake. What they should have done was put out the fire, get the owners to give him 5 days to come up with a plan on what to do with the property, in failing that. Go in front of the judge, and give him another 3 days to excercise the work, failing to do so. The city does the work, and places a lien on this property.

Have him own the property, he wasn't paying the taxes anyway. Nothing was going to get developed on the property anyway, as long as the lien was on it.

The city just gave him an out. Look at it from his point of view, he couldn't pay the taxes, he couldn't hire a contractor because everybody knew he was not gonna pay. He knew he lost the property. He was willing to walk away from the property.

Now the city owns the land, they trying to beat a dead horse, so it would miraculously get up and run the race. Not gonna happen, the city is just spending our tax dollar on a lawyer. He stands infront of the judge and empty his pockets and say thats all I got.

Sell the land, recoup what you can and start running the city like a business.



Given that the city has not disclosed the amount they have paid in court costs to this point , and given the spending history of our city council , I think it is safe to assume that the cost of fighting this has already exceeded the cost they are trying to recover. Smoke and mirrors to try and look good in the eyes of the taxpayers of Prince George.
Too bad, all them years of skoolin', has learned us contry bumkin's sumthin' about hows them burokrats does things.
Seems like the Mayor and council is not running the city. The administrators are running the Mayor and council.

Danny boy, You had your one shot, Your time is done. Hope you get your cushy job from Commonwealth.
"The City has not said how much money in legal costs has been spent trying to recoup the cost of the clean up and back taxes."

Why not? This is being financed by the taxpayers of Prince George. We have a right to know what the city is spending our tax dollars on. The city lost its case. No wonder Prince George this is why your taxes keep going up, Frivelous spending of your tax money. shame on you City Hall.
This appeal seems to be a useless effort and will only cost more. The City had enough heavy equipment to do the demolition and cleanup. That should have been the end of it.

Many people were demanding that something be done about this unsafe unsightly eyesore of a burnt-out shell. There were wall panels flapping in the wind while tourists were whipping out their digital cameras to take pictures of this slum like excuse for a building in the downtown of our city.

It's gone. Thanks, Dan!
PrinceGeorge, I don't think the city could have done it all with its own forces, because of the asbestos. I think Napp taking it down was the correct way to do it. I think the city should not have done the tax sale thing on it.


I wonder whose butt is on the line, and is this the reason why the same person is trying the appeal route.

I think we are wasting our money. The city owned the property. Is the city going to claim he set the fire? What happened with the insurance money?????
Sell it to John Majors--he can build a casino and stick us for most of the cost. Then we can buy him out and give it to Dan McLaren to sell. Sounds good to me. What a bunch of underhanded, rich thugs!