The above lawsuit was initiated by the Cosens Bay cabin owners in 1996. Clicking on the document will provide the reader with the final judgement by Mr Justice Collver. Note the number of references to "water access only" (Anonymous, July 16 on previous post please note). There is no mention of the required of the degree of maintenance nor any services to be provided. The judgement only provided access to the cabins.
Since that judgement efforts were made by cabin owners to obtain services. The closest service provider would be the District of Coldstream. However, it would be a major drain on Coldstream's taxpayers to extend services to the cabins through the approximately 4.5 km access road to the cabin community.
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3 comments:
The very last section of this document is the decision:
"Decision
102 For the stated reasons, I declare that Cosens Bay Road, travelled by the public from the turn of the century, is a public highway."
The appeal, where the government claimed the judge erred in declaring the road a section 6/8 road, went unamiously in the favour of the judgement above. Cosens Bay Road has served the Cosens Bay community since it was homesteaded in the late 1800's by folks like Cosens, Brew, Tarrant, Sturt, etc. Some of the original pioneers of the Vernon area.
The self-serving cabin owners would destroy the park so they can be right?
Sheesh.
This isn't self serving... Parks closed the access to our properties and we went to court to fight it. We won... they lost. We have just as much right to access our properties by road as you do. Just because they put a park over the road should not limit our rights or entitlements to having a safe road.
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