January 21, 2010

Dear Members and Friends,

Just a short note to tell you that, unfortunately, we lost our court case against the GAS N Go Project on the Dyke Road.  The judge ruled against us.

I think it is important for all of us to remember at a time like this that our ultimate goal has not been to win a court case. It has been to protect and preserve the Courtenay River Estuary. In this light the court decision is just a speed bump along the way.

Though we are disappointed with this decision, we are not discouraged.  We are now considering further options that might be open to us.  We will continue to oppose the development of a gas station on the Dyke Road.  We are not going to go away.  We are here for the long haul. 

Thank you for your support in this endeavour.  We know we can count on you as we pursue further options.  We will keep you informed. 

Mike Bell, Chair of Sierra Comox Valley

Here is the substance of our case from the documents filed in the courthouse.

THE COURT CASE

IN THE SUPREME COURT OF BRITISH COLUMBIA

Petitioner :  Sierra Club Canada 

Respondents: Comox Valley Regional District and
                          Gas ‘N’ Go Petroleum North Ltd.

The following relief  will be sought at the hearing:

1.    A declaration that the issuance of the Comox Valley Regional District Development Permit 9B07 on January 29, 2009 by the Manager of Legislative Services is ultra vires

2.    A declaration that use of 3080 Comox Road as a gas staton is not a lawful non-conforming use

3.    An order quashing the issuance of Development Permit 9B07;

4.    A declaration  that the Comox Valley Regional District unlawfully subdelegated the decision to issue Development Permit 9B07 to the Manager of Legislative Services: and

5.    Costs.

The K’omoks First Nation has requested of the court that it be allowed to intervene in the case—in opposition to the proposed gas station. 

The court case is expected to last three days.  The first day will deal with the request for KFN intervention.  The next two days will focus on the case itself.  Depending upon what happens on the first day, there is a possiblity that the case may be delayed—so please watch your email closely.   We don’t want people travelling down to Nanaimo to attend court proceedings  that have been rescheduled.   We will send out another email by the end of this week with information about the court dates and arrangements for car  pooling.  If you have any questions about the court case, please call me at 250-890-3671 or Wendy Masterton at 250-339-9106.

COURT CASE FUNDRAISING

As you are aware, going to court is a very expensive undertaking. Though the case is being pursued by Sierra Club Canada,  it is our local group that has to pay for the cost of the court case. 

Fortunately, our lawyer, Jennifer Millbank of Ramsay Lampman Rhodes in Nanaimo,  has agreed to work for a bill-out rate that is well below what she would normally charge—and we are most grateful.  She is very skilled in municipal law and a delight to work with.   Also,  we are receiving significant funding from West Coast Environmental Law.  They have really been wonderful  to us and to many groups around the province.  We are deeply indebted to them. That still leaves us with a debt of some thousands of dollars.

We have come up with several fundraising projects —in particular a lecture series in the new year, beginning in January. This series will bring together prominent environmental leaders from the Comox Valley and other parts of BC that have agreed to make presentations.  So far we have commitments from :  Richard Mackie, Author Historian; Verna Mumby , Arborist; Barb Odegaard,  Organic Gardener; Mike Yip, Author and Bird Photographer; Rick James,  Historian; Des Kennedy,  Author Gardener.
 
We will also be sponsoring evenings with the B.C.Chapter of the Sierra Club to talk about projects around the province and with West Coast Environmental Law to tell us about their work and help them celebrate their 20th Anniversary. We should have some lecture series dates confirmed in the next few weeks—so watch your emails and plan to come out for some very interesting and informative evenings.  Keep an eye on the website for updates.

We have also designed some attractive place mats that would make good Christmas presents.  They can be purchased at Island Treasures: 6-1787 Comox Ave in Comox at a price of $10 each or call Wendy Masterton 250-339-9106 for more information.

Finally, we want to thank all of you, our members and supporters, who have already helped us with your generous financial contributions.   We are very grateful for your continued support, it means so much to us.  We are confident  about our cause and our future success. 


                                          COMMUNICATIONS WITH YOU

Thanks to our very successful Inaugural  Meeting on September 23, we signed up a number of new members.  We now have a membership of about 90 individuals.  We have many more individuals who are friends and supporters on our mailing list. 

We have decided that the best way to communicate with all of you who have Internet access is on our website:  http://www.sierraclub.bc.ca/local-groups/comox valley.  With the help of the B.C. Chapter of the Sierra Club we will keep you up to date on all of our activities.  Please list the Sierra Club Comox Valley in your Favourites.  For those with email we will also continue to send out email notifications when necessary.  We will contact those without Internet access or email by phone or by post.    

Thank you.

Mike Bell , Chairperson
Sierra Club Comox Valley