Great to read that residents of Penticton are still signing up with Save Skaha Park society (SSP) to protect the natural beauty of Skaha Park.
Why won’t the city settle the issue and cancel the lease with Trio, or go to court against the SSP?
My assessment: first political mistake, the mayor signed the lease. Why, it was signed without knowing if Trio had the financial resources to go ahead in honouring the lease? That I’m sure would be a question any judge would put to the mayor, “did you check whether this company had the resources to honour the lease?”
It has been rumoured of late that there is only one of the three Trio partners left holding onto the Trio name. Is that true Mr. Mayor?
Now why won’t the council answer the legal challenge filed in court last year on behalf of the SSP members? Because, if the council were to go to court and lose to SSP they undoubtably would be facing another legal challenge from Trio.
So why is the mayor and council stalling to respond to the legal challenge in court? They know that going to court is going to cost the city, costs that will be paid by the taxpayers who opposed their decision, members of SSP who paid out of their own pockets to take them to court.
What I firmly believe is the mayor and council are waiting for Trio to voluntary cancel the Skaha Park lease with city. Result, no need to go to court against SSP.
That the council hopes will save the city any further costs to their initial mistake to sign the twenty nine year lease.
This is what I firmly believe council is holding out for, because, “IF” council were to cancel the lease or loose the legal challenge from SSP, they would undoubtably face a law suit from Trio. Trio would undoubtably want to recover their costs to date and possibly projected costs and profits for their 29-year lease for their waterslide project, which they signed in good faith.
In summation, the mayor and council I believe are waiting for the Trio company to dissolve. If that were to happen, council would have no reason to go to court against SSP, no damages to pay Trio, if, Trio were no longer a legitimate business.
I therefore believe this council are patiently waiting for the Trio company to no longer exist as a legal partner to the lease. Result, no claim from them against the city. Result, no more lease, no need to go to court against SSP. Council would save all costs associated with their extremely contentious decision to approve the lease. Council are therefore desperately waiting for Trio to no longer be a legitimate company.
We, us who are paying their stipends and will have pay the costs to this political mess, whichever way it’s resolved, will have to continue to wait and see how this council is going to get out of their political dilemma.
Jake Kimberley
Penticton