Observer SALMON ARM
Wednesday March 14, 2012 www.saobserver.net $1.25 HST INCLUDED
Lawsuit over land transaction SmartCentres: Action considers rezoning, land payment obligations.
By Martha Wickett OBSERVER STAFF
The site of the planned SmartCentres shopping centre is the subject of legal wranglings in BC Supreme Court centring on purchase of the land five years ago. At the heart of the dispute is the length of time the rezoning approval took, the type of rezoning that was approved, as well as the amount of land that was eventually protected from development because of its proximity to the Salmon River. In April 2010, a civil lawsuit was launched by a B.C. numbered company, 0759594, that lists Mike Fowler with a Richmond mailing address as president. It names three defendants – another numbered company, 568295, with president Joseph Amato of Vaughan, Ont.; Salmon Arm Shopping Centres Ltd.; and Calloway REIT (Salmon Arm) Inc. The three defendants are affiliated with SmartCentres. The Statement of Claim notes the ‘568’ numbered company agreed to purchase the seven parcels involved for $16.7 million. Two million dollars of that payment was deferred, pending rezoning and subdivision approval. If the purchaser couldn’t get the city approvals before November 2009, the purchaser would pay the seller the remaining $2 million by Nov. 15 of that year. The seller had reserved the right to buy back a portion of the lands for residential development. The document states that because no rezoning and subdivision of the lands occurred by Oct. 15, 2009 and the purchasers did not pay the $2 million by the Nov. 15, 2009 deadline, the plaintiff/ seller is suing for the two million, plus interest and costs. On June 4, 2010, a statement of defence and counterclaim was registered by the defendants, followed by a notice of application from the defendants on March 2 of this year. The March 2 document seeks three orders. One, that the plaintiff’s/seller’s claim be dismissed. Two, that the court award a judgment against the plaintiff of
JAMES MURRAY/OBSERVER
Campaign: Shoppers, including Mayor Nancy Cooper, Bernie Hucul, Kari Wilkinson and Violet Pilkey, rushed the door of Salmon Arm Stationery Tuesday morning to show their support for local business after council decided to use a Kansas firm to redesign the city’s webpage.
Cash mob invades store
Shop local: Group draws attention to city policy with buying spree.
By Barb Brouwer OBSERVER STAFF
It wasn’t a large mob, but it was one with cash and a purpose. Some 20 people arrived at Salmon Arm Stationery early yesterday morning to buy items in support of buying local in general and businessman Ian Wickett in particular. The shop-local campaign is the brainchild of a group of designers who were angered by a City of Salmon Arm decision to award a $25,000 website redesign project to a Kansas firm. Kari Wilkinson says a group of designers emailed their “little rant” to several businesses when they heard that the website contract had gone south.
“Are you freakin’ kidding me?” was Wilkinson’s initial response to the news last week. “I said this is absolutely ridiculous. It had nothing to do with me; I wouldn’t have quoted on it.” But other local designers might have, so Wilkinson conferred with a core group – Bernie Hucul, Louise Wallace, Warren Welter, Bob Beeson and Otto Pfannschmidt. “We want to see their (city’s) list of under and over $25,000 expenditures,” continues Wilkinson, noting Mayor Nancy Cooper told her she would get the information for her. “If they’re (the figures) saying we’re wrong and they are spending lots locally, that’s OK, but we want to see where – a little
more transparency.” The event at Salmon Arm Stationery is the first in a series of “cash mobs” designed to remind residents, businesses and local governments of the importance of spending their dollars at home. At yesterday’s cash mob, Wilkinson loaded up on art supplies she needs to create a mixed media piece for an upcoming Rotary auction. Across the aisle and clutching a bag of till tapes, Hucul said research he had undertaken a couple of years ago revealed how much talent is available in town. As well, Hucul says when he wins See Mayor on page A2
See SmartCentres on page A3
This week Teachers consider pulling out of extra-curricular activities in the wake of Bill 22. See A5. The SilverBacks season came to an end with a blowout 10-1 loss to Vernon. See A21.
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............... A8 Sports............... A21-A25 Arts & Events ... A26-A29 Classifieds ............... A30 Vol. 105, No. 11, 52 pages