The Granite Curling Club has filed a new court action asking a judge to review and quash City of Winnipeg decisions on a controversial project that would construct a 110-unit housing complex on its parking lot — and to issue an injunction stopping work for now.
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The Granite Curling Club has filed a new court action asking a judge to review and quash City of Winnipeg decisions on a controversial project that would construct a 110-unit housing complex on its parking lot — and to issue an injunction stopping work for now.
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The Granite Curling Club has filed a new court action asking a judge to review and quash City of Winnipeg decisions on a controversial project that would construct a 110-unit housing complex on its parking lot — and to issue an injunction stopping work for now.
The new notice of application, filed in the Court of King’s Bench on Wednesday, comes as a judge mulls his decision on an earlier court application from the club over how the city moved forward on approving the development.
The developer has since begun what it calls “investigative work” at the site, conducting some digging to prepare for a heritage resources impact assessment that will determine whether the area has archeological significance, the chief executive of the University of Winnipeg Community Renewal Corp. Inc. 2.0 said earlier this week.
JOHN WOODS / FREE PRESS FILES
The Granite Curling Club worries a nearby housing complex threatens the club’s viability.
Work at the site prompted the club’s lawyers to file the new application, which will have its first hearing on Oct. 26.
The notice names the city, its public works and its planning and property and development directors and developer UWCRC 2.0 Inc. as respondents.
The club’s application for judicial review asks for a judge to take a second look at decisions made by the city and its directors to approve a parking plan for the project in “purported compliance” with the condition on the project approved by city council in February.
The city issued a development permit for the planned 12-storey building at 30 Granite Way in September, and issued a building permit on Tuesday.
The non-profit club’s filing asks for a judge to issue orders to set aside the decisions and quash the permits and to require the city to produce materials used to make the decisions.
The court action also seeks an injunction from the judge, pending the determination of the application, to bar the city and its officials from issuing any further permits or approvals for the project, or carrying out any work at the site.
It also seeks a court order requiring the city to remove barricades it placed on the parking lot on Oct. 6, and to allow the club to use the lot.
The club initially feared it could lose 45 of its 80 parking stalls due to the new homes, which it argues would leave it no longer financially viable.
The club is also asking for an order setting out an expedited schedule for the new application and directing it either be heard concurrently or immediately after its earlier application.
The city has publicly shared a proposal for a parking plan at the site, which the club doesn’t deem a formal agreement.
To create 70 dedicated parking spots, the city’s proposal would replace a boulevard at North Granite Way with 15 parking spaces, convert a vehicle approach into 11 more stalls, preserve 20 spaces at the existing west parking lot and offer 24 stalls at the east parking lot.
The club wants to receive and respond to a formal parking plan and argues the development permit should not have been issued until then.
“Independently of the first application, the city issued the development permit before the parking plan condition was met and without adequately explaining how that condition had been satisfied,” reads the court filing.
“The issuance of the development permit was premature, unreasonable and procedurally unfair.”
The court filing argues the city’s decisions violated the City of Winnipeg Charter and the Downtown Winnipeg Zoning bylaw.
The city and developer have not yet replied to the latest application in court.
The curling club filed its first notice of application in the King’s Bench last December over the city’s decision to reject a Municipal Board direction that required the project to develop an “adequate” parking plan that satisfies the club’s needs.
A King’s Bench justice heard arguments on the first application in June, but has not yet issued his decision.
erik.pindera@winnipegfreepress.com
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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