Judge makes ruling in legal spat between City of Kelowna and Eldorado Hotel
Global News
The City of Kelowna is fighting for Hotel Eldorado to reopen its waterfront boardwalk to public access. A judge ruled on the injunction on Wednesday.
When COVID-19 first hit, the gate by the Eldorado Hotel was latched and locked, much to the dismay of the City of Kelowna.
The business blocked residents and tourists from continuing their waterfront stroll along the boardwalk.
Sometime around June 2020, the city cut the lock on the gate, according to court documents, and then the business re-locked it.
That prompted the city to seek an injunction that the gate be open from sunrise to sunset every day. Officials also wanted a copy of the key.
In civil documents, the Eldorado disputes that it even owes the public a right of way.
It’s also arguing that the restaurant can’t maintain a safe outdoor eating area following COVID-19 dining restrictions as long as the public is allowed to walk through it.
In court on Wednesday, the judge largely based his ruling on current COVID restrictions.
He said the Eldorado may prevent access to the boardwalk when outdoor dining is open for business, but the gate must be open when the patio is closed.