By Corey Fischer

Appeal Notice Filed in Kin Race Track Case

Jun 15, 2018 | 9:29 AM

The long running legal dispute over Kin Race Track in Vernon is not over yet.

The Okanagan Equestrian Society is appealing last month’s BC Supreme Court ruling that sided with the City of Vernon and Regional District of North Okanagan over usage of the park.

Society vice president Ed Woolley tells Beach Radio News, a notice of appeal has been filed with the BC Court of Appeal.

“We are alleging the judge made some errors in law with regards to the issues of the initial trust, and the application of the law in regards to the contract in 2000.”

Woolley declined to be more specific on the basis of the appeal.

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“I’d rather not just yet because we’re going to be redefining the specific errors as we go through our factums, so I don’t want to……until we’ve got the final version of the appeal going forward, which isn’t going to happen for some time yet, this is just the initial notice that we are going to be filing that.”

Woolley, who is a lawyer, says the city will have ten days to respond as to whether it will object to the appeal.

Vernon Mayor Akbal Mund was aware of the notice, filed Thursday, but said he could not comment on it at this time.

The legal dispute over the site has dragged on for over a decade, with the society wanting to keep the land for horse-related activities, and local government earmarking it for other recreational facilities.

While the society has had trouble covering its legal bills in the case, Woolley says the fees this time will probably be done on a pay later basis, if the file is successful.

CLICK HERE to read the BC Supreme Court ruling.

by Corey Fischer