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City taking Capital Pointe developer to court over appeal board decision
Capital Pointe site on May 16, 2018.
The City of Regina has filed an appeal in regards to a decision made by the Saskatchewan Building and Accessibility Standards Board on the Capital Pointe project.
In April the City of Regina ordered the developer, Westgate Properties Ltd. to backfill the site, citing safety concerns at the site. The developer appealed the order, and after a hearing in July, the board varied the order, allowing the developer to choose one of three options.
The first option laid out by the board is for the developer to complete the project by March 30, 2022. The second option was for the developer to construct permanent shoring of the foundation, the third option is for the developer to backfill the site. The board gave Westgate Properties Ltd. until Sept. 30 to inform the city of their decision.
The city wants the decision overturned. In the appeal filed with the court by the city this week, they allege that the appeal board should not have granted the developer the decision to choose the future of the project, and that the board erred in jurisdiction by authorizing future construction at the site as part of the varied order when they do not have the ability to grant building, development or street use approvals.
The appeal will be heard by the Court of Queen’s Bench on September 27.