Nelson Meikle may have passed away, but his lawsuit against the City of Penticton over the city’s deal with Trio Marine Group is pushing forward, with his daughter taking the charge.
Meikle’s lawsuit against the city and Trio was first filed late July last year, making it the second lawsuit aimed at halting the city’s deal with Trio to build a waterslide in Skaha Lake Park.
Meikle died in mid-May after a battle with cancer in mid-May, spurring questions of whether his lawsuit against the city would continue. Court documents obtained by the Western News indicate Meikle’s daughter Lori-Anne Cole will be pushing the legal battle forward.
According to the court documents, filed on June 20, a hearing scheduled for June 22 will now be going to Oct. 10.
The hearing is intended to bring changes to Meikle’s lawsuit after the city terminated its original deal with Trio to develop the Skaha Lake marina and a waterslide in the park, striking a new deal that included the marina development, but killed the controversial waterslide.
While the Save Skaha Park Society dropped its lawsuit against the city following the December council decision to drop the waterslide, Meikle’s lawsuit against the city persisted.
“Many of the underlying facts and much of the old agreements supporting the plaintiff’s initial NoCC (notice of civil claim) remain present in the new agreement in support of this application,” reads Meikle’s application, dated Apr. 18.
“The plaintiff seeks to amend his NoCC to reflect these latest developments. Some of his original claims and allegations remain live notwithstanding these recent events.”
In email responses to Cole, attached to the June application, Trio’s lawyer Jeffrey Robinson consented to the change of dates.
“I am sorry for your loss,” Robinson wrote. “Trio consents to an adjournment of Mr. Meikle’s application to amend his pleadings.”
Meikle’s lawsuit touched on many of the anxieties of residents, who felt that the community’s parkspace was being sold off for a tourist attraction, and who questioned the integrity of the deal struck between the city and Trio.
It also raised some environmental concerns for the area, including concerns for a nearby creek, which has been a natural fish spawning area.
Meikle filed an update in October, claiming the city failed to properly consult with the Penticton Indian Band over its claims to the land around the marina.