Sarnia City Council has declined an offer from River City Vineyard to settle court costs in the legal battle over operation of a homeless shelter. River City had made a late offer for the city to assume $125,000 of its $163,000 bill.
With the city's own costs already in excess of $168,000, council narrowly voted 4-3 to let the court decide how much each side will pay. In a recorded vote at a special meeting Friday morning, councillors' Matt Mitro, Dave Boushy, Anne Marie Gillis, and Mike Kelch voted in favour of rejecting the settlement.
Bev MacDougall declared a conflict of interest because she resides in the area of the church and Brian White was absent. Kelch says the best approach is to treat the court costs as a business decision.
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Pastor George Esser says he's dissappointed.
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Outside legal counsel Cohen Highley's submission to the court on behalf of the city will cost about $3,000. The deadline for submissions is July 23rd and the city has until September 30 to decide if it will further pursue the River City matter to the Supreme Court of Canada.
July 3, the Ontario Court of Appeal overturned a Superior Court of Justice decision that closed the church's Mitton St. homeless shelter as of June 15 of last year.
A three justice panel ruled the Harbour Inn Mission falls within the meaning of "church sponsored community activities and projects" and therefore does not contravene the city's zoning bylaw. The church is looking at reopening the shelter.
