514 Wellington Crescent owners take city to court
CBC News | Posted: October 24, 2019 8:02 PM | Last Updated: October 24, 2019
Owners want judge to restore demolition permit and overturn conservation order for 110-year-old home
The owners of 514 Wellington Cres. have officially launched a legal challenge against the City of Winnipeg order that stopped the demolition of the 110-year-old house.
They are applying for a court order that would quash city decisions that prevented them from moving ahead with their plan to build three single-family homes on the property. The application by the numbered company 4319907 Canada, which owns the property, is scheduled to be heard by a judge on Nov. 1.
It is the latest move in a continuing skirmish over the massive house between the property's ownership group — led by Winnipeg businessman Jeff Thompson, president and CEO of Leader Equity Partners — and some residents and heritage conservationists.
The majority of the building has been gutted and it was to be torn down on June 7, but a decision late in the evening the previous day by the director of the city's property and planning department rescinded the demolition order obtained by the owner.
- City steps in 'at 11th hour' to stop demolition of 110-year-old Crescentwood mansion
- City appeal to decide fate of cavernous, gutted Wellington Crescent mansion
That night the director of the department nominated the Crescentwood neighbourhood for heritage conservation district, effectively suspending all demolition permits in the area.
The owner's application filed in court calls that last-ditch effort to save the house "intentionally secret and hurried" in order to prevent the owners from demolishing the home.
The application also says the city's property and planning committee, which heard the owners' appeal of the decision to nominate the area for a heritage district and rescind the demolition permit, made incorrect decisions.
"The standing policy committee decisions unreasonably and/or incorrectly failed to find that the nomination decision, conservation order and stop work order ought to be varied or cancelled on the basis that they were: (i) made in bad faith, arbitrarily, discriminatorily and/or on the basis of irrelevant factors for the improper purpose of denying the applicant's right to demolish and redevelop 514 Wellington Cres. in accordance with the demolition and building permit," the application says.
The owners say the committee didn't have the statutory authority to stop the demolition, they weren't given adequate notice the nomination of heritage designation was coming and the decision was inconsistent with the City of Winnipeg Charter and bylaws.
Mayor Brian Bowman declined to comment on the specific case because it's before the courts. He did say council has received a report regarding a "significant review and overhaul" of the property and planning department, which he supports.
"We want to have that reporting back to council in an open and transparent way," he said.
The property owners originally planned to build several condominium units on the property, but later changed the plan to as many as three single-family homes.
A group of Crescentwood residents and proponents of heritage conservation launched an effort called Save 514 Wellington to stop the home from being torn down.
The legal challenge says the area's councillor — John Orlikow — contacted the city's property and planning department when he saw bulldozers at the property and asked what could be done to stop the demolition.
The legal action is the latest in a series of challenges against the city and more controversy for its property and planning department.
Developers in Winnipeg have taken Winnipeg to court over growth fees imposed on new developments.
In another case, a judge found the City of Winnipeg in contempt after it ignored an order to consider a developer's plan to build new residential units.
The property and planning department also has been under scrutiny after 20 staff in its inspections division were fired, suspended or given reprimands for using work hours to run errands, shop and take lengthy coffee and lunch breaks.
Bowman said he didn't mince words when those allegations came to light and he thinks that council, himself and the public service have more work to do to rebuild trust.
"I think Winnipeggers are right to expect their mayor and councillors hold the public service accountable and to weigh in with direction," Bowman said.
"We also want to ensure we're doing so in a way that does help strengthen public confidence and trust in government."
The provincial government recently reviewed Winnipeg's municipal land-use practices and concluded the property and planning department was "dysfunctional." The review by Manitoba Treasury Board secretariat recommended the province establish a new quasi-judicial board with the power to override City of Winnipeg land-use decisions.