The City of Regina is taking Westgate Properties Ltd., the developer in charge of Capital Pointe, to court in an effort to have the five-story pit at Victoria Avenue and Albert Street filled.
The city argues that the Saskatchewan Building and Accessibility Standards Appeal Board made an unreasonable decision on Aug. 23. The city filed legal paperwork in Regina’s Court of Queen’s Bench on September 5 challenging the decision.
The board decided that the pit is not unsafe, and Westgate still has the right to continue construction if they choose.
The city says that the board either erred in jurisdiction or made an unreasonable decision with this ruling. The city argues this would require building, development and street use approval
that the board does not have the authority to approve or compel the city to approve.
The city’s court filing indicates the board is able to hear and decide appeals of orders issued by building officials. In this case, the city ordering Westgate Properties to backfill the Capital Pointe hole.
The challenge says the court has the discretion to exercise supervisory jurisdiction over appeal decisions made by the board under The Uniform Buildings and Accessibility Standards Act.
The hearing is scheduled to take place on Sept. 27 at 10 a.m. at the Court of Queen’s Bench.
Currently, Westgate has three options on how to handle the pit based on the board’s decision: continue to project and finish it by Mar. 30, 2022, construct permanent shoring by Feb. 28, 2020 or backfill the site by Apr. 20, 2019.
Westgate has until Sept. 30 to inform the city which option it has chosen.
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