Judge delays referendum on McLean Lake

A proposal to put a park in McLean Lake will not go to referendum until at least the summer. The Yukon Court of Appeal's Justice S. David Frankel delayed Marianne Darragh's referendum until after an appeal case from Whitehorse is completed.

A proposal to put a park in McLean Lake will not go to referendum until at least the summer.

The Yukon Court of Appeal’s Justice S. David Frankel delayed Marianne Darragh’s referendum until after an appeal case from Whitehorse is completed.

In court documents, the city indicated it wanted to have the appeal heard during the week of May 25. If Darragh were to win, the city would be forced to have a referendum on whether to build a park around the lake within 90 days.

The city is appealing an earlier decision by the Yukon Supreme Court that permitted the referendum. In that first case, Justice Ron Veale decided the city had to go ahead with the referendum because the bylaw question didn’t force the city to go outside of its jurisdiction.

The stay of referendum is intended to prevent any prejudice against the city while the proceedings are ongoing.

The city did lose its bid to have Darragh’s legal costs stayed. They owe her $14,000 from the original case which they tried to have delayed until the end of the appeal.

The appeal hearing took place in Vancouver on December 12 and the judge made the decision on New Year’s Eve. (James Munson)

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