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Band serves city over SmartCentres application

The Neskonlith Indian Band has followed through on its word to take legal action against the City of Salmon Arm over the issuance of a hazardous area permit for the SmartCentres Shopping Centre.

The Neskonlith Indian Band has followed through on its word to take legal action against the City of Salmon Arm over the issuance of a hazardous area permit for the SmartCentres Shopping Centre.

City administrator Carl Bannister confirmed on Monday that the city had been served.

“We have received a copy of the petition to the B.C. Supreme Court from the Neskonlith Indian Band, on Friday I believe,” said Bannister, who was unable to provide further comment.

Mayor Marty Bootsma said he isn’t surprised by the Neskonlith’s legal action, though it was hoped it wouldn’t happen.

“It’s unfortunate, but they’ve certainly got that right,” said Bootsma.

The Neskonlith claim the city failed to provide meaningful consultation on the development. Bootsma said the city did follow a referral process, which allows local First Nations and other government agencies to provide comment.

“I don’t know exactly what they’re after,” said  Bootsma. “They have had the opportunity to comment and they certainly did comment on it. We take their concerns seriously, but we take them from a lot of people, and council made the decision to do what they did.”

The city has 21 days to respond to the petition, though Bannister says there are cases when that can be extended.