Has Vernon’s Kin Race Track seen its last horse race?
That’s a real possibility after a B.C. Supreme Court justice ruled in favour of the City of Vernon and the Regional District of North Okanagan this month.
The Okanagan Equestrian Society originally launched the court battle against the local governments back in 2004.
The land that comprises the track is now owned by the local governments, but for years the Okanagan Equestrian Society held horse races there.
The complicated case centers around a series of agreements, dating all the way back to 1965, that the local governments and the Okanagan Equestrian Society (or its predecessor groups) made about the use, ownership and maintenance of the facility.
The Okangan Equestrian Society raised ten separate issues in the case. The general thrust of its allegations was that the local governments had not lived up to their commitments in these agreements.
Among other things, the society wanted the court to forbid the local governments from “altering the lands at issue in any way that would interfere with the activities of horse racing and racehorse training.”
That would have prevented the local governments from developing the site for other uses, something Vernon’s current mayor has made clear he is interested in seeing.
However, the justice found in favour of the local governments and ruled there was no legal basis to forbid local governments from developing the site for non-equestrian purposes, opening the door for the land to be used for something else.
“I do not know why this case took more than ten years to get to trial. Hopefully, with this judgment, the defendants (the city and regional district) can commence to make better use of the land,” Justice Tammen said in his decision.
Vernon’s mayor expects it will be up to the next city council (following local elections this fall) to decide what is done with the property,
“The uses are endless. Whatever fits the community at that time is something that we will look at,” Mayor Akbal Mund said.
The Okanagan Equestrian Society turned down Global Okanagan’s interview request, saying that it was considering all its options and needed to get the approval of its membership for its next steps before speaking publicly about the case.
The site has not been used for horse racing since 2014 when, as the court decision points out, the grandstand wiring was deemed unsafe by an inspector and the structure was then destroyed in a deliberately set fire – the city was gripped by a series of arsons that summer.
Court documents reveal the City of Vernon received $800,000 in insurance compensation following the fire.
Vernon’s mayor said that money has been left untouched pending the outcome of this case.