The Middlesex London Health Unit is going to court over whether it can move to a new location without the consent of its funders.

The Board of Health hit a snag in its decision to sign a lease at Citi Plaza in downtown London when Middlesex County Council refused to give its approval for the move.

At a lengthy in-camera meeting Wednesday morning, the board decided to seek legal counsel about the need for the consent of its funders.

Middlesex County provides 15 per cent of municipal funding with the City of London contributing the remaining 85 per cent. The county also collects around $1-million in rent from the MLHU's King Street location.

The city has approved the move to the downtown mall on King and Clarence Streets.

In 2015, Middlesex County informed the MLHU of its intention to redevelop the land at 50 King Street, the current location of the health unit's headquarters. The county's plans included a potential rezoning to develop a 28-storey mixed-use high rise. The health unit began an intensive review of its current and future space requirements.

"Frankly, we find ourselves in a bit of a perplexing and unusual situation that we are an organization that has two councils that we are responsible to deal with," said former chair of the health board, Ian Peer.

"Because we have two councils involved, we need unanimous consent and of course, if one council doesn't consent, then we don't have that moving forward."

Peer said the board is unable to enter into a lease of any kind, with anyone, without the consent of both councils.

The MLHU has been actively looking for a new home since 2015, with staff and services currently spread between two buildings, their headquarters at 50 King Street and a secondary office at 201 Queens Avenue. There is a third MHLU location in Strathroy at Kenwick Mall, 51 Front Street.

To establish a legal position for making a final decision on the move, the board is filing an application in the Superior Court of Justice for a ruling on whether consent from the councils is required for the lease transaction.

"It's really referring to the part of the Health Protection and Promotion Act which allows health units to lease property and whether or not certain provisions apply in this situation," said Dr. Chris Mackie, Medical Officer of Health and CEO at MLHU.

"This isn't really a choice that we have. The move of county council to decline consent and defer this to a provincial assessor indicates that there isn't an ability to work together."

Mackie says the MLHU has tried several times over the past few weeks to find different ways to work with Middlesex County administration.

"It is an unfortunate situation that we've been put in. We would much rather see those funds go toward serving our clients," said Mackie.

Cathy Bughardt-Jesson, a Middlesex County councillor and mayor of Lucan-Biddulph, says the county blocked the move for a number reasons.

"We have concerns about service to our residents, the timing of the project, and the process," she said.

In particular, Bughardt-Jesson says she feels the MLHU should have consulted with the county earlier.

"We are a funder of the Health Unit, and anytime a large property transaction has taken place or is contemplated, the funders should be brought into that conversation."

The judicial decision is expected to be announced in the coming months.