Lawyer says Sudbury city council's KED decisons riddled with 'bad faith'
Legal proceedings began Monday in dispute over Kingsway Entertrainment District
The lawyer for Sudbury anti-casino advocate and businessman Tom Fortin has presented his arguments in Superior Court, in a case against the City of Greater Sudbury, related to its approval of the controversial Kingsway Entertainment District (KED).
Proceedings began Monday, and will continue on Tuesday, in what is expected to be a two-day proceeding.
In his arguments Monday, Gordon Petch, the lawyer representing Casino Free Sudbury and Fortin, said the city of Greater Sudbury acted in "a pattern of bad faith" in the process to approve the KED.
The KED, a proposed project that would include a new municipal arena, private casino and hotel, was projected to be completed by 2020, but has been held up with legal challenges, from Fortin and others.
The case in Superior Court is not about the plans for the KED themselves — but rather how the city approved the development.
In June 2017, council approved the arena location on the Kingsway. In court, Petch argued that when council voted on the arena location, it also made up its mind about the casino — choosing that location for the arena because of an agreement with developer Dario Zulich to build a casino there.
During his submission, Petch said the city did not provide the necessary studies on the effects of the development as a whole on the downtown, as well as its social and economic impacts.
"In my view, you don't have to be a planner to recognize where something isn't right," Petch said.
Petch argued there was not proper public consultation regarding the casino, calling subsequent meetings a "sham," since council was not open to changing its decision.
"This was a done deal in terms of the intent of [developer Dario] Zulich and Gateway [Casinos,]" Petch said.
Petch said certain councillors also started a public "smear campaign" against Fortin, and threatened the downtown BIA, which has also been involved in the campaign against the KED.
"This is not democracy," Petch said.
Counsel for the city will present its arguments on Tuesday.
There is also a Local Planning Appeal Tribunal date set for September regarding the city's rezoning and official plans.
If the Superior Court rules against the city, it could have a major impact on that tribunal appeal.
The Superior Court is expected to make its decision before the tribunal date.