egal dispute stalls churc By CAROLE STAFFORD Opposing legal opinions are stalling the approval of a grant from North Vancouver District toward the restoration of St. Paul's Indian Church, a project which has already received funding from both other North Shore municipaliues. District solicitor R.J. Orr maintains that the District cannot “properly make a grant to the Save Saint Paul's Indian Church committee”. He bases his opinion on his interpretation of the Municipal Act. However, West Van- couver Distmect 9 solicitor Bruce Emerson proffered a dilferent opinion to WV council, which, acting on his advice, has approved a prant of $10 000 to the committee. North Vancouver City council has also approved a yrant dor $9,000) toward restoration of St. Paul's located on the Mission Indian Reserve, which hes within the boundaries of City. The divergent legal opinions centre on whether a municipality can legally grant money to a body outside its) geographical boundanes. Emerson's advice to West Van council refers to the Municipal Act. Secthon 2 (hy. Gi) and (nn). He states: “In my opinion, council could make a yprant to this com- mittee if it concluded: ® The commitiee was an organization contributing to the peneral interests and advantape of West Van- couver @ The church building was a culfural centre, not- withstanding that ot ois situated outside West Van @ That the the church peneral public within West Van restoration of is an event of interes West Van District council made as decision at a budget discussion oun July wv Muimcipal Clerk Doug Allan told the News that Emerson s criteria must have sadished COouncH on one on more ol Hhese prounts Hut North Nan District ILOST lost 31! Amy Booth had tried other diet programs, but Diet Center worked for her It worked for her husband, Phillip 100, he lost 31 pounds in 6 weeks! \ Call Diet Center t weight loss program that North Vancouver 988-0212 Hes 929 7810 1368 14th St West Vancouvet 922-2021 Rm. 104-585 16th St In just 6 weeks, 20 POUNDS and my husband i; . Municipal lawyers hold conflicting views “at, TWO OUT OF THREE North Shore municipalities have already given money to assist in saving St. Paul's church in North Vancouver. solicitor Orr, after examining Emerson's opinion and discussing the matter with him, stuck to his original interpretation of the Act. “Mr. Emerson is a most experienced and competent Municipal Solicitor. However, with the yreatest respect. 1 must disagree with him.” In his second letter to NV council, Orr made the following comments, referring point by pomt to Emersons opinion: ‘T do think a thet court would hold that council could reasonably conclude the committee (to save St Pauls) way an organization contributing to the peneral interests and advantage of the District” Emerson says he concurs couneinl could conclude the church building was a cultural centre “hul council) could also conc hude the same about Oxford University Fo do not) think that Council Could properly Make a prant to Oxford Relernoy lao banersons today fora free, no obbgation explanation of the could change your life! See you at PNE) “Showmart”’ AT THE i) yn SING, «6 C CENTER Franc hise areas available DIET \% third point. that council could conclude that the restorauon of the church was an event of general public interest within the municipality, Orr says, “I have greater difficulty with this element of support.” “However, on balance I do not think council has the right) to grant municipal funds for events outside the municipality. Council's jurisdiction is limited to its municipal boundaries... | think by analogy its municipal interests are confined lo events occurring within its boundaries.” Orr went on to say that in the event someone challenged council's authority to make a donation to the fund, “I think there ts a 50-50 chance the courts would hold the action as not being one provided for by the Municipal Act.” In his earlier submission, Orr cautioned Council on the “draconian penalties imposed on council members who vote for an legal expenditure.” Meanwhile, L.F. Hindle, a solicitor in the provincial Attorney General's office. offered the opinion that Section 202 (h) “permits the council to exercise its discretion in deciding what Organizations are con- tnbuting to the general interest and advantage of a municipality”. Orr has not commented on Hinkle’s opinion, and The News has been told he is on _ vacation until September 15. Yvonne Schmidt, chairman of the Save St. Paul's committee, points out that “the three North Shore municipalities in providing for a jornt’ North Shore Heritage Advisory com- mittee under their recently adopted Heritage bylaws have’ given. official recognition to our common history and the importance of its preservation. “St. Paul’s, the North Shore’s number one historic structure, is part of the cultural heritage of the whole North Shore.” Also, NV District Alderman Mary Segal noted at fast week’s council meeting that the District does give funds to such cultural centres outside its boundaries as Presentation House. NV council members seemed to agree that the church was worth saving but some were reluctant to act. against their = solicitor’s advice. Instead, council referred the matter for discussion at their supplementary budget meeting, intending to obtain further clarification from Orrinthe meantime. ORDER IN CHINESE | (2 | eee (LI: fay qs WEST VANCOUVERS WONG'S WOK, Gourmet Cantonese Cuisine LERR Sunday & Monday Aug. 31 & Sept. 1 {R) Fecerrags Meester en® All dairy products made with real ice cream! - Remember Happy Night! DeLuxe Burgers— !/2 Price! Every Tuesday Spm ‘til Closing 404 Lonsdale 987-4131 ALSO A3 -Sunday News, August 31, 1980 INSIDE like home PAGE C6 Food for the troops PAGE C7 Soccer with suds PAGE B3 Automotive Classified Community Roundup Entertainment Food Hayden Stewan Malibo= Sporte Travel TV Time Whale Gbotng tre