Man accused of property encroachment violations in Dawson City files his defence against town
CBC
Former mayor of Dawson City, Yukon has filed his defence in the lawsuit against him by the municipality.
In the statement filed on November 4, Bill Kendrick claims that he's being unfairly targeted by the town over unresolved encroachment issues that date back more than a decade.
The town's lawsuit claims that portions of Kendrick's property sit on city owned land and on legally open road allowances — strips of land reserved for the municipality for the purpose of servicing lots. Portions include his home's deck, his workshop, and a newly replaced septic tank.
Kendrick has owned the North End property in question since 2009.
In Kendrick's defence he claims that his workshop was placed on part of the city owned property over 30 years ago and it's been in the same location ever since. His statement says the municipality has always known it was there and provided verbal permission to place it there.
The statement of defence says prior to the purchase of the residence Kendrick's lawyer at the time faxed the town requesting an estoppel letter, a document commonly used in due diligence in real estate and mortgage activities. According to Kendrick's defence the City of Dawson sent a letter back to him indicating that the property "currently complies with siting for the North End and also complies with the applicable development and zoning restriction for the City of Dawson."
It states that Kendrick has offered to purchase the land in question on several occasions where the encroachments occur.
The municipality never accepted Kendrick's offer to purchase any of the portions of land because development planning still needed to be done.
Instead, the defence says the municipality offered multiple different licenses of occupation for portions of land on which some of the encroachments existed.
Due to "unreasonable" conditions contained in some of the permits, such as no renewal clause, or language that could allow a path to ownership of the land in question, Kendrick refused to accept the offers.
The latest permit contained a condition that stated "renewal will be at the sole discretion of the city, which discretion does not need to be exercised reasonably." Kendrick said the term is unreasonable given the history of the property and he did not sign.
Kendrick claims he's provided alternative options to resolve this issue aside from outright buying land such as entering a license of occupation with a longer timeline than just one year.
He said still no agreement has been reached.
Kendrick's defence claims there's no proper authorization from the City of Dawson to take him to court. It says there is nothing in existing policies to enable this without a duly authorized council resolution made during a regular council meeting. The defence adds that the lawsuit has neither basis in policy nor has there ever been any written reasons provided to Kendrick why the city's Encroachment Policy does not apply to the situation.
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