The original developer of Tobiano has obtained an injunction from a B.C. Supreme Court judge barring the current owners of the high-end residential area from filling a pit he excavated more than two years ago in the hopes of building a large custom home.
Mike Grenier is suing Kamlands Holdings over a dispute concerning the height of his would-be home.
According to court documents, Kamlands’ design review committee was initially supportive of Grenier’s plans to build a home taller than what is typically allowed, but changed its tune only after Grenier’s lot had been excavated.
Tobiano — the development and the golf course — was Grenier’s brainchild. The project went into receivership in 2011 when Grenier’s companies were facing a $26-million debt.
Kamlands is now helmed by Michael Ternier and partners. Ternier is also part-owner of Aberdeen Highlands Development Corporation, which has developed much of west Aberdeen.
The Tobiano golf course and development were initially parcelled off and sold separately, but Ternier purchased the golf course in 2017.
According to court documents, Grenier excavated Lot 13 in Tobiano’s equestrian neighbourhood in May 2018 and applied to the Thompson-Nicola Regional District for a permit to build a custom home on the site. The permitting process has not gone through because Kamlands’ design review committee has refused to give Grenier’s blueprints the green light.
In June, Kamlands sent Grenier a letter, giving him a month to fill in the pit, citing safety and aesthetic concerns.
B.C. Supreme Court Justice Len Marchand granted Grenier an injunction protecting his excavated lot until the trial of the matter or until further court order, but said other factors — stability concerns or a violation of local bylaws — could result in the pit being filled before then.