) Fie at heme, L WEDNESDAY THE VOICE OF NORTH AND WEST VANCOUVER FOR oy Mee Dey ear IMRT SiS Yate Catch up on local sports action FRANK BAUMIER (left) and Scott Fleming pour their beer and liquor onto the ground after being stopped by West Vancouver RCMP on Cypress Bowl over the weekend. Police were searching vehicles for liquor Saturday. Twin tower agreement stands up in B.C. court THE LEASE AGREEMENT between West Vancouver District and the developers of the proposed twin tower project for 320 The primary argument put for- ward by the municipality’s lawyer, George K. Macintosh, was that the Taylor Way has stood up to a legal testing in B.C. Supreme 99-year lease with an election for Court. In response to the municipality's challenge of its tease agreement with developer Newcorp Properties on three main points, Justice Cyril Ross Lander recently handed down a decision upholding the agree- ment. ‘in the result, the defendent municipality’s arguments are wor- thy but unsuccessful,’’ Justice Lander stated. West Vancouver District Council pursued the issue to sce whether its agreement with Newcorp Proper- ties would stand up in court fol- lowing a loud public outcry to the proposal. renewal contravenes the Municipal Act. Through the Municipal Act, the district can lease its property ‘‘for any term or terms, including an option for renewal, not exceeding the aggregate 99 years.”’ The Condominium Act allows for a renewal of such a lease for a term of not less than five years. Walking through an extensive argument on the meanings of the pertinent words in both the Municipal Act and the Con- dominium Aci and the relationship between them, Justice Lander was not persuaded that the result was an exceeding of the 99-year limit. “Even if the lease were for a lesser term, two or more renewals under s. 160 (of the Condominium Act) could breach the 99-year limit,’’ said Justice Lander. Both statutes cited, the one from the Municipal Act and the one from the Condominium Act, ‘‘ex- press legitimate social policy, and it is not for the court to weigh the social utility of these provisions under the arguments tendered,’’ Justice Lander said. Allowing the statute regarding renewal to operate independently of the section limiting leases to 99 years does not harm the public in- terest, according to Justice Lander. ‘«.,..aS a subsequent council has the option to renew or not as it sees fit...’’ he added. Justice Lander next considered Macintosh’s argument that the argument contravenes an existing zoning bylaw, something the municipality is not supposed to ‘contract around.”’ See Judges Page 2