By Brent Bosker

West Hill group gives up its fight against city over bylaw

Nov 29, 2010 | 5:14 AM

After two unsuccessful legal challenges, it now appears an affordable housing project in Prince Albert is clear to start construction.

Northern Spruce Housing Corporation was given approval by council last year to build a maximum of four affordable duplexes on green space near the Angus Mirasty School.

However, the project has remained stalled while the city’s bylaw which, paved the way for the development along 22nd Street West, was challenged in court.

The West Hill Heritage Society launched the lawsuit against the City of Prince Albert in Oct. 2009 saying that area residents were not properly consulted.

The lawsuit was later shut down in a Court of Queen’s Bench ruling, which said the city acted appropriately. The heritage society, then launched an appeal to have the ruling overturned and again lost.

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“It’s disappointing,” said Eric Lanoie, the heritage society’s lawyer after an unsuccessful attempt to lobby the Saskatchewan Court of Appeal.

“We thought there were some procedural mistakes made … by council, but clearly the court determined they weren’t as critical as we thought they would be or should be,” said Lanoie, who added the group will not pursue further legal action.

Prior to council passing the bylaw, area residents petitioned against it over the loss of green space the project would cause, as well as concerns about the new homes affecting the architectural integrity of the neighborhood.

Northern Spruce Housing is reserving comment until after their next board meeting scheduled for early December.

Currently they have not applied to the city for a building permit to get the property ready for construction.

bbosker@panow.com