a July 15, 1988 News 985-2131 Cla Park Plaza legal battle RACQUETBALL, squash and tennis facilities have been temporarily reopened at North Vancouver's fong-closed Park Plaza Country Club pending the outcome of a legal battle over whether a business in the facility or the proper- ty’s mortgage holder has priority in the event of the club’s sale. On Tuesday the club’s receiver-manager, Thorne, Ernst & Whinney, opened the six squash, seven racquetball and three tennis courts that have sat idle since the club was closed Jan. 16, 1987. Canada Trustco Mortgage Co., which owns the mortgage on the 4.38-acre club property. is owed $1.86 million by former Park Plaza ownership and has been at- tempting to sell the property for redevelopment, but AACR Enter- prises Ltd., which operates the club’s bar and banquet facilities, wants the property to remain a recreation club so the company can continue to run its business or be REN SE PTE RS toe Since the club’s closure, the company and Canada Trustco Mortgage Co. have waged various court battles over whether AACR’s lease arrangement or Trustco’s mortgage have legal priority in any sale of the 4.38-acre property.”’ compensated in the event of a sale. The courts, which will be open every day from 7 a.m. to [0 p.m. on a pay-as-you-play basis, were reopened after agreement to close the club’s ice rink for the summer was reached between the District of North Vancouver, property mortgage holder Canada Trustco Mortgage Co., and AACR Enter- prises Ltd. A B.C. Supreme Court order has decreed the rink be opened again Sept. 15 and that the By TIMOTHY RENSHAW News Reporter recciver-manager promote the use of both the racquet court facilities and the rink. Thorne, Ernst & Whinney spokesman Bob Cobb said the courts would be open for the next few months and could remain operational after the rink has reopened depending on resolution of outstanding legal conflicts be- tween AACR and property mor- tgage holder Canada Trustco Mor- tgage Co. AACR has operated ancillary bar and banquet facilities at the club since 1979, but, under North Vancouver District bylaws, can on- ly run that business if most of the club is used as a recreational facili- Ly. Since the club’s closure, the company and Canada _ Trustco Mortgage Co. have waged various court battles over whether AACR’s Jease arrangement or Trustco’s mortgage have legal priority in any sale of the property. The business has been able to operate since the club was closed because a court order has kept the club’s ice rink open, even though the mortgagee has been losing money on the operation. District council lifted AACR’s business licence in March after claiming the club no longer com- plied with the appropriate zoning bylaw, which designates the area for entertainment and recreation only. But the licence was later reinstated after AACR president Andy Redman and his lawyer Gary Nelson convinced council that the See Lawyers ages 25¢