Solmar and Two Sisters Resorts made a date with the Town of Niagara-on-the-Lake this Valentine's Day.
The two are now officially set to face off later this year in court.
Two Sisters Resorts Corp. and Solmar (Niagara 2) Inc. are trying to quash a proposed heritage designation of four Randwood Estate properties under the Ontario Heritage Act.
There's no love lost among residents, the town and the developers plans for the landmark Randwood Estate have been a focal point of local controversy for months.
The court application filed by Solmar and Two Sisters states the heritage act “prohibits the alteration or demolition of buildings” and “prohibits the alteration of property if the alteration is likely to affect the property's heritage attributes.”
Solmar and Two Sisters say the town's actions “must be undone” and accuse the town of acting “outside the fundamental principles of administrative law.”
The properties intended for designation include 144 John St. E., 176 John St. E., 200 John St. E. and 599 Charlotte St. in the Historic Old Town.
The application also alleges the town violated the Municipal Act at a special council meeting on Aug. 13, 2018, when council passed recommendations of the Municipal Heritage Committee to designate the lands.
In addition, the application claims the town is illegally attempting to designate the lands under the heritage act and says the notice of intent doesn’t conform with the town’s official plan.
Solmar and Two Sisters are also asking for their legal costs to be paid.
According to application, the 144 and 176 John St. E. properties are listed on the town's register as cultural heritage properties but are not formally designated under the act.
The two adjacent properties, 200 John St. E. and 599 Charlotte St., which are subdivided and parcelled for future residential development, are also listed as cultural heritage properties and neither is designated under the act.
The hearing will take place Feb. 14 at 10 a.m. at the Robert S.K. Welch Court House in St. Catharines.
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