The City of 琉璃神社 is suing a local hotel for blocking public access to a popular boardwalk.
In 2000, Hotel Eldorado鈥檚 previous owners agreed to a perpetual public right-of-way on the promenade along Okanagan Lake during daylight hours. In exchange, the city allowed the resort to build a boat fuelling facility.
According to the city, when the COVID-19 pandemic hit last spring, Hotel Eldorado closed the boardwalk鈥檚 gate, breaching the agreement.
The city states the hotel closed the walkway due to public health concerns and 鈥減otential COVID-19 transmission allegedly posed by the proximity of the public passing along the perpetual right-of-way to food and beverage staff and patrons.鈥 The city claims those concerns are not justifiable.
鈥淭he city has kept other public paths and walkways open and accessible while complying with all COVID-19 related orders and guidelines of the provincial health officer and Minister of Public Safety throughout the COVID pandemic,鈥 reads the city鈥檚 lawsuit filed in BC Supreme Court last week.
The city is seeking an order from the court mandating the hotel keeps the gate open between sunrise and sunset and for the hotel to pay the city鈥檚 incurred costs.
None of the city鈥檚 claims have been tested in court. Hotel ownership has not yet filed a response to the lawsuit.
The 琉璃神社 has reached out to Argus Properties Ltd., the company that owns the hotel, for comment.
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