Cape Breton Post

Activist seeks injunction against Cabot Links

- THE CHRONICLE HERALD

Neal Livingston is seeking an injunction against Cabot Links Enterprise­s ULC that would permanentl­y halt a developmen­t of upscale cottages in Inverness.

According to documents filed with the Supreme Court of Nova Scotia, the Riverville renewable energy developer and environmen­tal activist is asking the court to declare that a property owned by Cabot Links is “dedicated for public use.”

As well, he is asking the court to forbid any developmen­ts on the nearly 2.4-hectare property that would impede public use.

Part of hole No. 7 of the Cabot Links golf course is on the property.

The owner of both the Cabot Links and Cabot Cliffs courses had proposed and got building permits for nine high-end cottage units on the property.

Cabot, which planned to build the cottages last fall, put the developmen­t on hold pending a resolution of Livingston’s legal challenge.

Though a spokespers­on for Cabot could not be reached for comment, the company did print a statement in the Inverness Oran newspaper last fall regarding the legal challenge’s impact.

“To be clear, Cabot by no means accepts the complainan­t’s version of history and we will defend ourselves from these claims,” reads the statement.

“However, we do believe it is unfair to the purchasers to begin constructi­on at this point in time. We understand the implicatio­ns of pausing the developmen­t. This means that many local contractor­s and tradespeop­le who were set to build these terrific homes throughout the fall and winter will not have a project, nor will the municipali­ty stand to benefit from the significan­t property taxes anticipate­d from the developmen­t.”

Derek Simon, attorney for Livingston, said though Cabot owns the property it had been used for decades by the community.

“It’s a concept in law considered public dedication,” said Simon.

“So if you show an intention

to offer land for public use either explicitly or through your actions and the public accepts that offer, then you have obligation to maintain that.”

The land has a long and convoluted ownership, trading hands between a former coal company to the province, to the former Town of Inverness, to the Royal Canadian Legion and then the Inverness Developmen­t Associatio­n before being sold to Cape Bald Packers in 1987.

The fish processing company

sold the land to Cabot Links in 2011.

“Nowhere in the deed is there any reference to public interests on the land,” reads a rebuttal filed by Cabot Links Enterprise­s ULC .

“Further, as indicated, the land was zoned marine industrial — not parkland or public.”

Livingston is not arguing, however, that Cabot owns the land — but that the public has historical­ly used it.

Affidavits filed to support his claim include an aerial photo and testimonie­s by three local residents that through the 1960s and 1970s there were picnic tables, playground equipment and a parking lot for the public to use there.

“The Inverness Beach Park has a long history of public use both for access to Inverness Beach and for recreation­al uses in and of itself,” reads Livingston’s applicatio­n to the court.

“The first owner of the Inverness Beach Park to restrict this public use and access is Cabot Links, contrary to the dedication­s of the Inverness Beach Park by and intentions of previous owners.”

The case will be heard by Nova Scotia Supreme Court in Port Hawkesbury starting on April 17.

In the meantime, Inverness County warden Betty Ann MacQuarrie takes a dim view of the delays caused to the Cabot Links cottage developmen­t.

“They could go ahead and build as far as the municipali­ty was concerned,” said MacQuarrie.

“I guess somebody had a problem with that. The cottages would not only create an economic impact but also create an appealing look for the village and wouldn’t hurt the view.”

 ?? SUBMITTED PHOTO ?? A golfer enjoys a scenic view while he tees off at the Cabot Links golf course in Inverness in this file photo. A Cape Breton activist is seeking an injunction against Cabot Links Enterprise­s ULC that would permanentl­y halt a developmen­t of upscale...
SUBMITTED PHOTO A golfer enjoys a scenic view while he tees off at the Cabot Links golf course in Inverness in this file photo. A Cape Breton activist is seeking an injunction against Cabot Links Enterprise­s ULC that would permanentl­y halt a developmen­t of upscale...
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