When COVID-19 first hit, the gates at the El Dorado Hotel were latched and locked.
This project prevented residents and tourists from continuing to walk the waterfront along the promenade.
According to court documents, around June 2020, the city unlocked the gate, after which the company relocked it.
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As a result, the city has begun to demand an injunction to open the gates daily from sunrise to sunset. Authorities also wanted a copy of the key.
In civil documents, El Dorado argues that it even owes the right of way to the general public.
It also claims that the restaurant cannot maintain a safe outdoor dining area as long as the general public is allowed through according to the COVID-19 dietary restrictions.
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In court on Wednesday, the judge ruled primarily on the basis of current COVID restrictions.
He said El Dorado could block access to the promenade when outdoor dining is open, but the gates need to be opened when the patio is closed.
If the COVID-19 restrictions are relaxed, the city can request a change in the injunction by notifying El Dorado three days in advance.
Both El Dorado and the city declined the interview, saying they needed more time to get a clearer picture of the details before commenting.
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According to the judge, the proceedings are still expected to be brought to court and will focus on whether El Dorado is legally required to provide public access to the promenade.
The business claims that the right of way declaration is invalid and unenforceable.
The city states that it has allowed former real estate owners to develop a marina, one of the conditions under which a public passageway has been developed.
If the parties proceeded in a court battle, the judge said he expected the trial to take place within a year.
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The judge decides on a legal dispute between the city of Kelowna and the El Dorado Hotel-Okanagan
Source link The judge decides on a legal dispute between the city of Kelowna and the El Dorado Hotel-Okanagan