Husky takes appeal further
By: Cathy Ellis
| Posted: Thursday, Jun 28, 2012 06:00 am
Husky Oil is taking legal action against a Banff Development Appeal Board decision refusing to hear their case on a subdivision at the Bumper’s site.
The oil giant is seeking leave to appeal to the Alberta Court of Appeal, arguing the DAB erred in law by refusing to grant them a hearing on the grounds they were not an “adjacent lessee” or “adjacent licensee”.
A hearing has been set for July 24.
According to court documents: “There is no doubt that Husky has a lease that is, and will be, affected by the approval – its lease with Bumpers. Husky is a lessee, as that term is commonly understood.”
“Adjacent is defined as ‘land that is contiguous to a site’. In turn, ‘contiguous’ is defined as ‘sharing a boundary or edge along one or more sides. The lands currently leased by Husky satisfy this definition.”
Husky Oil Ltd., one of Canada’s largest petroleum companies, subleases its lot near the corner of Banff Avenue and Marmot Crescent at the northeast entrance to town from locally-owned Bumper’s.
The oil giant filed an appeal to the DAB against a Feb. 12 Municipal Planning Commission decision to approve a subdivision amalgamating seven existing lots and a laneway into three new lots.
Husky says an existing sublease agreement with Bumper’s gives them the right to use the entire lane area, arguing the subdivision essentially expropriates land over which it has historically controlled.
The DAB found that Husky had no status to appeal the proposed subdivision, saying Husky Oil was a sub-lessee of a portion of the Bumper’s property, as defined in Banff’s Land Use Bylaw.
“The board is of the opinion that Husky Oil Limited is not an adjacent lessee or licensee of the subject property and does not meet the definition of an adjacent lessee,” said DAB chairman Philip Carmody.
In the summer of 2010, Husky demolished its service station, retail store and fast food take out establishment. It is understood Husky has plans to rebuild at the site.