The fight over a Fernie baseball field’s future continues in Cranbrook courts this week.
BC Supreme Court will be hearing oral arguments today (Jan. 22) to decide whether or not Servello Field in Prentice Park will be legally protected.
Anthony Anselmo with the Prentice Park Society says all evidence, records, and responses from the City have been received over the past few months – all that’s left is a decision.
“If a court determines that Prentice Park was transferred to the City of Fernie in trust, the City of Fernie must acknowledge that, and then apply to the Attorney General of B.C. to alter that trust, which does not happen very often,” said Anselmo.
The group has been in contact with the subject of a similar case in Kelowna, where the City tried to alter the land and sell it to developers despite having entered into a covenant restricting it to recreational purposes.
“Sharon Simpson went to court, the Supreme Court of British Columbia, and they decided that yes, this land was transferred to the City of Kelowna in trust, and it must only be used for municipal purposes only,” added Anselmo.
Despite starting as a community effort, the situation has since involved the Attorney General, who would be legally protecting the trust if it goes through.
Community members can donate to the group’s GoFundMe page to help cover legal fees associated with the proceedings.
If the case strikes out, the fire hall project would be set to break ground this spring.
City of Fernie previously told Rewind Radio News that it has been instructed not to comment on the matter.
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