Former mayor takes town to court

The former mayor of Carbonear is accusing those responsible for his removal from council last month of acting undemocratically and with perceived or actual bias.

That’s according to a 31-page application Frank Butt’s lawyer, John Babb, filed in Newfoundland and Labrador Supreme Court. The document, dated Dec. 21, 2017, outlines the case Babb is prepared to make in appealing council’s resolution, passed Dec. 12, to vacate Butt’s seat.

Butt was present in the St. John’s courthouse Wednesday morning. Lawyer Kyle Rees, appearing before Justice Carl Thompson as an agent for Babb, requested a Jan. 18 court date to set deadlines for submitting documents relevant to the appeal.

Butt declined to comment on the case when approached by media following Wednesday’s proceedings. Family members accompanied him in court Wednesday.

According to the application, Butt is disputing the town’s handling of an anonymous letter, which was received in the mail by the town Sept. 11, 2017, but was not addressed to council.

The former mayor is accused of breaching conflict of interest provisions under the Municipalities Act for introducing and voting on a motion in 2014 to demolish a building located near a gas station he owns on Water Street. It’s alleged there was monetary gain to be made for Butt in having the building torn down.