City’s rushed bylaw approving Granite housing project flawed, curling club’s lawyer argues in court

The City of Winnipeg has unfairly rushed forward a hotly debated housing project for the Granite Curling Club’s parking lot “at lightning speed,” a court was told Tuesday.

The curling club’s lawyer urged a judge to quash the city bylaw approving the housing project, arguing the decision suffered from major flaws.

“It violates every basic principle of procedural fairness that one can imagine in administrative law,” said James Mercury.

Mercury said the club, and its legal team, were not allowed to make public presentations to council about their concerns just prior to the final decision.

The city noted there were meetings delegates could not speak at because a public hearing had already closed.

Supporters say the 11-storey, 111-unit residential building approved for city-owned land at 30 Granite Way would offer desperately needed homes downtown. Half of the suites will have affordable rents for 99 years.

However, the city approved the project while rejecting a Manitoba Municipal Board direction that it develop an “adequate” parking plan “to the satisfaction of the Granite Curling Club” and city as part of the process.

The Granite’s legal challenge argues the city did not have the power to reject that recommendation. At the time of the recommendation, legislation required the city to only pass bylaws that “conform” to the Municipal Board’s recommendations.

The curling club has long feared the development would eliminate 45 of its 80 parking stalls, rendering its operation no longer financially viable.

Mercury said city staff at one point “manufactured new arguments” in an administrative report to move the project forward, despite the Municipal Board ruling.

One city report concluded the parking plan condition was “not in respect of the proposed bylaw” so the provincial board had “no authority” to impose the condition. The report also stated council was not legally bound to follow it.

The club has since heard the city plans to begin construction on the project this summer, partly to secure federal housing funding to support it, said Mercury.

“They’re going to start construction on the site in mid-August, while it’s (still) before the court…. The law does not step aside simply because there are funding application deadlines for the City of Winnipeg,” he said.

Kalyn Bomback, the city’s lawyer, stressed the municipal government had the power to approve the project without the parking clause noted by the Municipal Board.

“The city does take the position that not only did council have the jurisdiction to make this decision but… it was also correct in the circumstances of this case,” said Bomback.

She noted city council also passed a separate motion directing staff to work with the curling club on parking solutions when it negotiated the club’s lease, outside of the bylaw process.

“The parallel lease matter that council considered on the exact same day (as the bylaw)… (was to) direct the public service to negotiate and work with the Granite curling club on terms and conditions of a new lease agreement that expands the leased area to include new parking stalls,” said Bomback.

She said the city properly followed its processes, which would normally see parking arrangements worked out during a later permitting stage, not within a bylaw.

“The city council decision was reasonable … It has consistently acted in good faith. It has consistently made efforts to work with the Granite Curling Club,” said Bomback.

Court of King’s Bench Justice Amiram Kotler reserved his decision Tuesday evening, noting he hoped to return with a ruling in the fall.

After the hearing, Christian Pierce, secretary of the curling club’s board, said there is great concern construction may begin before the legal matter is resolved.

“We’ve asked the city not to proceed with the development until this process is played out. They haven’t formally agreed to that. So, the Granite will explore all options necessary, if they start building,” said Pierce.

He said that could include seeking an injunction to stop construction.

joyanne.pursaga@freepress.mb.ca

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