Tucelnuit LakeThe Town of Oliver is facing legal action over its recent decision to rezone a piece of property on Tucelnuit Lake.

It recently approved a bylaw amendment to allow the construction of five duplexes (10 units) at  7034 Tucelnuit Drive, owned by developer Michael Megale.

The petitioners (James and Marion Wyse) are seeking a court order to invalidate the bylaw amendment after two contentious public hearings.

According to the petitioners, the bylaw amendment permits development on the property to a density greater than that permitted by Oliver’s Official Community Plan (OCP).

Jim Wyse, who lives next to the proposed development, could not be reached for comment. However, the suit maintains that the rezoning is inconsistent with the requirements of the OCP and is contrary to the Local Government Act.

Oliver Mayor Ron Hovanes said the issue is a legal matter and did not provide further comment by press time Monday.

Megale was not aware of the action.