A group of passionate Fernie residents is upping the ante on its fight to preserve Prentice Park as the City moves forward with its plans for a new fire hall.
The newly formed Prentice Park Society has recently submitted a request for judicial review to the B.C. Supreme Court, asking officials to declare a public trust, force a public vote before removing Shell Canada’s right of reverter, and obtain an immediate court order blocking the fire hall’s construction on Park grounds.
“To be clear, we are pro-new firehall in Fernie. We love our firefighters. We think they do a great job,” said Anthony Anselmo, vice-president of the Society. “But we also love Prentice Park, and we need it to remain a park for the city and the citizens.”
Crow’s Nest Industries CEO Bill Prentice donated the land in 1972, under the condition that it would be used solely for recreational purposes. Otherwise, the company could reclaim the land.
The right of reverter passed to Shell Canada when it acquired the former company – a responsibility now in the process of being reassigned to the City of Fernie.
“[Shell Canada] kept telling us that they’re going to remain neutral, that this is between the city and this is between the citizens of Fernie,” Anselmo added. “But what we found out here over the last few days is that Shell has worked directly with the City of Fernie and has applied at the land title’s office to remove Shell from that right of reverter.”
City staff have been looking to contact the company regarding the covenant once the fire hall’s design and funding have been finalized. With Council passing several financing plans on September 9, those conditions have been met.
“It appears that Shell has now picked a side and has not waited to let this play out.”
A GoFundMe has been launched to support the legal fees associated with the upcoming battle. It has raised $6,440 of its $7,000 goal at the time of writing.
Mayor Nic Milligan sent the following statement to Rewind Radio News: “Legal counsel has instructed that we do not comment on the matter, however I am confident in Fernie’s governance, due diligence, and vigorously support the City of Fernie’s processes.”
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