Another court case.
A controversial retaining wall will be the subject of a lawsuit, Mayor John Slater revealed last week.
The wall, situated along Jasmine Drive, has been an issue of debate between property owner Ken Nelmes, a few of his neighbours, and the Town of Osoyoos for some months.
Questions about the wall's appearance, structural integrity and the fact the wall encroaches onto town property have led Mayor John Slater to seek a solution.
The town had first suggested that Nelmes enter into an encroach-ment agreement, but that was not a satisfactory solution.
Town council met in June to review legal options. A Petition to the Court followed, noti-fying Ken Nelmes that he was required to remove the wall at his expense.
For the past few weeks we have been trying to negotiate a settlement with Mr. Nelmes, said Slater.
We instructed our lawyer to make a Petition to the Court, and as of the November 27 deadline, we were not able to negotiate a settlement. We have now received a letter from Mr. Nelmes' lawyer, and it looks like we'll be going to court.
We have to line it up in the courts but we should know within a week what date we will be looking at.rnSlater said the case illustrates the need for property owners to keep their improvements off town property. He added that it was unfortunate the situation couldn't be resolved to the satisfaction of all parties.
Ken Nelmes said he would be speaking with his lawyer later this week and would be able to comment on the situation at that point.
