Skaha water park developer, city being sued by longtime Penticton resident

The City of Penticton and developer Trio Marine Group are again being sued over a proposed development in Skaha park.

However, the city’s mayor is responding with optimism that there will be a resolution which will make all parties happy.

Nelson Meikle, a longtime Penticton resident and self-described frequent user of Skaha park, has filed a lawsuit against the city and the developer.

The lawsuit asks the courts to force a referendum so that residents are given the final say. It also asks for a court-imposed injunction prohibiting Trio from operating a restaurant and building a water slide on park land.

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READ MORE: Commercial development of Penticton park land challenged in court

Penticton mayor Andrew Jakubeit said the city is trying to find a resolution without having to go through the courts to save time and money.

“We’ll be filing our response [to this lawsuit] and we have another process going on which is the parks and rec master plan and one of the main [aspects] of that is really to address the decades-old question about what type or what level of commercialization should be allowed in parks, if any,” Jakubeit said.

Tweet This Click to share quote on Twitter: "We'll be filing our response [to this lawsuit] and we have another process going on which is the parks and rec master plan and one of the main [aspects] of that is really to address the decades-old question about what type or what level of commercialization should be allowed in parks, if any," Jakubeit said.

The controversial project, which includes an expanded marina, new restaurant, and a waterslide park was already approved by council, which said the rules didn’t require a referendum to change the land use.

Last September, a group of residents who formed Save Skaha Park Society sued the city and Trio Marine Group. That lawsuit sought similar action from the courts as Meikle’s.

READ MORE: Company behind Skaha Lake Park development responds to lawsuit

The city has yet to file a response to that lawsuit; Jakubeit said it should be delivered next week.

“Both legal teams were okay with the delay in hopes it was willing to see if there was a solution that could be accommodated and it actually took a while for both parties to actually agree to come to the table and just have a conversation,” Jakubeit said.

Tweet This Click to share quote on Twitter: "Both legal teams were okay with the delay in hopes it was willing to see if there was a solution that could be accommodated and it actually took a while for both parties to actually agree to come to the table and just have a conversation," Jakubeit said.

Jakubeit also said it’s up to Trio Marine Group now to gauge the resolve and decide whether the continue with the development plan, to modify it or to abandon it and walk away.

~ With files from Angela Jung