Court of Appeal blocks Lakeside Inn's request to undo Lake Country council decision - InfoNews

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Court of Appeal blocks Lakeside Inn's request to undo Lake Country council decision

The Lakeside Airport Inn, pictured in this undated image from Google Street View, was shut down in 2017 due to health and safety concerns.
Image Credit: GOOGLE STREET VIEW
December 11, 2018 - 11:22 AM

LAKE COUNTRY - The B.C. Court of Appeal shut down a Lake Country motel owner's appeal for a judicial review today, Dec. 11, adding another chapter in his battle with the district.

Raif Fleihan, who operates Lakeside Airport Inn, tried to appeal a decision dismissing a request for a judicial review of the District of Lake Country council decision to deny his motel a business license.

In early 2016, the District of Lake Country became concerned Fleihan was trying to renovate Lakeside Airport Inn without the necessary permit, according to court documents. A site inspection uncovered mould, water leaks, deficient smoker detectors, and unsafely stored combustible elements. A stop work order was posted, but the business continued to operate.

The document details how Fleihan applied for an annual business license renewal in January 2017. Jamie McEwan, the district's Community Development manager, denied the request for safety reasons. The municipal council upheld the decision.

In June 2017, Lake Country council passed Bylaw 1000, which required businesses to receive endorsement by the district Fire Inspector, the district Building Inspector, the district Bylaw Enforcement Officer, business licencing, the Interior Health Authority and public health inspector. Fleihan sought a judicial review on this bylaw, claiming it required too much involvement from departments, making it difficult for his business to get a license.

In April 2018, a Supreme Court judge stated Bylaw 1000 was lawful and the District was correct in denying the motel a license due to safety concerns.

Fleihan took his case to the Court of Appeal in October, where a judge ultimately upheld the Supreme Court's decision.

Lakeside Airport Inn has not had a business license for nearly two years.


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