Skip to content

Town of Banff court battles affect budget

Two high-profile court cases have pushed Banff’s planning and development department legal fees $47,700 over budget.

Two high-profile court cases have pushed Banff’s planning and development department legal fees $47,700 over budget.

The department had a legal fee budget of just $4,000, but ended up spending $51,724 in 2012, largely due to its unsuccessful court battle against Parks Canada over a law office on public service lands on Beaver Street.

Officials say approximately $28,600 was spent on the Parks Canada challenge and another $15,400 on an appeal from Husky Oil Ltd., which is fighting a subdivision issue at the northeast entrance to town.

“The remainder of the fees were for a range of general planning matters,” said Randall McKay, the Town of Banff’s planning and development manager.

“We try to look at those issues internally where we can, but there’s times when we have to get a legal opinion.”

The legal fees budget was outlined in Banff’s 2012 financial documents, which were presented to council in April. The $51,724 compares to lawyer’s fees of $7,842 in 2011.

The Town of Banff’s planning and development department can expect additional legal fees for 2013 for the two high-profile cases that went to the Alberta Court of Appeal.

Just last month, Parks Canada won its fight to keep a law office out of the public service district on Beaver Street, arguing such a business expanded Banff’s commercial footprint.

The appeal court quashed a development permit for the lawyer’s office, which means Byron & Co. must close its doors by May 2 when the original, temporary permit expires.

The Town is still waiting on word of the Husky Oil appeal of a Development Appeal Board (DAB) decision, which has also added to the department’s legal costs.

The oil giant is appealing a DAB decision that stated Husky does not have the status to appeal a Municipal Planning Commission decision to approve a three-lot subdivision on 561, 563, 565 Banff Ave. and 250 Marmot Cr.

“We are still awaiting a decision from the Court of Appeal on the Husky Oil Ltd. Matter,” said McKay.

“It has now been over five months since the hearing was held.”


Rocky Mountain Outlook

About the Author: Rocky Mountain Outlook

The Rocky Mountain Outlook is Bow Valley's No. 1 source for local news and events.
Read more



Comments

push icon
Be the first to read breaking stories. Enable push notifications on your device. Disable anytime.
No thanks