By Christiana Wiens, Comox Valley Echo

December 8, 2009

It's more like wait and see than Gas 'N Go for a proposed gas station on Comox Road.

Justice Brian D. Mackenzie has reserved his decision on the Sierra Club of Canada's legal challenge of a development permit allowing the controversial gas station on the Dyke Road to go ahead.

The Sierra Club had asked for the permit to be declared illegal, forcing both the Comox Valley Regional District and the Gas 'N Go into court last week.

The K'ómoks First Nation had also asked for intervenor status on the file in hopes that the court would take the district's duty to consult into effect when granting the permit.

That status was denied Thursday, Dec. 3.

"I believe the judge made the correct decision in not allowing the intervenor status," said Iain McIver, who represented Wayne Procter of the Gas 'N Go last week.

McIver argued that Procter had legally committed to use of the land by enacting parts of the development permit.

Comox Valley Regional District lawyer Dan Bennett argued the district's right to issue the permit.

"The board approved the development, and subsequent changes didn't affect its ability to do that," Bennett said.