Decision reserved on Petitcodiac injunction

A Court of Queen's Bench judge has reserved decision on a request for an injunction to close the recently opened gates of the causeway on the Petitcodiac River in Moncton.

Justice Paul Creaghan said he needs more time to wade through the boxes of documents and CDs submitted to the court.

But he will make a decision as quickly as possible, given the high level of interest in the controversial case, he said.

The Lake Petitcodiac Preservation Association (LAPPA), a group of citizens living near the former lake that was created when the causeway was built 42 years ago, is asking the courts for help to save their lake.

The group's lawyer contends the government acted illegally in opening up the gates last week.

Rubin Dexter argued in court Tuesday that the province didn't fulfill all of the conditions it promised to follow to protect residents from pollution, flooding and erosion, such as finishing work on the dykes, preparing aboiteaus to protect land from flooding and providing better protection to prevent the old Moncton dump from leaking into the water.

His clients don't want any compensation, he said. They want the gates closed until the situation is handled properly, no matter how long that takes, he said.

Province will compensate for losses

The lawyer for the province, however, contends the members of LAPPA don't have a right to ask for an injunction. They can only sue the province for damages, said Marcel Laflamme.

He told the court the government will compensate anybody who suffers a loss of property or loss of value in their homes because of the opening of the gates.

Government officials have said that the free-flowing river will be studied closely for the next two years and the gates can be closed if necessary in the future.

The causeway was built in 1968 between Moncton and Riverview.

When the gates opened last Wednesday, a chorus of cheers and boos erupted from the roughly 500 people who gathered on the river's banks to watch the historic event.

The province plans to replace the causeway gates with a four-lane bridge from Riverview to Moncton.

The total cost of the project has been pegged at $68 million.

In 2003, the river was ranked second on a list prepared by B.C. environmentalists of the most endangered rivers in Canada.

In 2008, the New Brunswick government committed $20 million to the first stage of a restoration project for the 3,000 square-kilometre watershed.