Diamond magnate’s attempt to block Kelowna development kiboshed by B.C.’s highest court
The city relied on one of its bylaws to treat the size of the property as the same as prior to the return to the Crown of the submerged portion.
When the matter came before a three-person panel in the court of appeal, Fipke had his appeal dismissed. “The chambers judge identified and applied the correct standard of review, reasonableness. The city did not act outside the legal constraints of its when it considered in all the circumstances that the act of Aqua returning the portion to the Crown constituted a taking, by way of dedication to the Crown for public benefit, and it was not an abandonment by Aqua,” Griffin wrote.
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