The much-delayed Garibaldi at 樱桃视频is no closer to moving ahead following two recent developments.
A dispute between the 樱桃视频Nation and Land and Water BC (LWBC) that centres on the resort proposal for the Brohm Ridge and Cat Lake area started this spring and is now on hold until Sept. 10.
The 樱桃视频Nation is accusing LWBC of not offering appropriate consultation when the developers requested more Crown land for their proposed four-season resort.
According to Greg McDade, the lawyer acting for the 樱桃视频Nation, two days of arguments were heard in the spring. At the beginning of a third day of arguments the LWBC lawyers asked for an adjournment so they could "seek further instructions".
There was supposed to be more discussion on July 5. McDade said the judge wasn't available that day and the hearing was moved to September.
The 樱桃视频Nation filed the lawsuit after the Garibaldi at 樱桃视频project went through significant changes as the ownership of the project shifted from Wolfgang Richter's control to Luigi Aquilini and Bob Gaglardi.
The court was asked by the 樱桃视频Nation to consider quashing a decision by LWBC to expand the size of the resort project. The First Nations group alleges they were not properly consulted by LWBC when the new owners of the project asked LWBC for more study land.
The second recent development involves the environmental assessment of the project. The environmental assessment process for the resort began in December of 1997.
The process was later held up when the proponent, Wolfgang Richter, had to search for new financing partners. Richter was granted extensions as he talked to potential investors.
Aquilini and Gaglardi took control of the project and as a result of that, a company participating in the planning of the resort filed a lawsuit. Soon after Mountain Resort Developments Inc. filed its suit, Richter asked the court to review the way Aquilini and Gaglardi took over the project and decide if it was legal.
As the legal issues go through the courts the work needed to complete the environmental assessment is still not complete. The developers had until June 30, 2004 to provide the B.C. Environmental Assessment Office (EAO) with additional information requested by the EAO. As of that date, the information was not provided so Joan Hesketh, the executive director of the EAO, granted the proponents another six months to complete the assessment.
The project owners now have until Dec. 31, 2004 to satisfy the EAO by handing over the information requested.
