A Rossland businessman who won a lawsuit against the city after he was denied permits to log properties he owns is now suing five members of the previous council, seeking more than $1 million.
Warren Hamm filed the suit Thursday in Rossland Supreme Court, naming former mayor Kathy Moore, former councillor (and current mayor) Andy Morel, current councillor Stewart Spooner and former councillors Dirk Lewis and Terry Miller, who objected to issuing the permits in 2021.
Not named were former councillors Janice Nightingale and Chris Bowman, who both voted in favor of granting the permits.
Hamm previously sued the City of Rossland and a judge found council acted in bad faith by denying the permits and then beefing up its tree management bylaw.
Justice Lindsay Lyster ruled council acted contrary to the official community and “knew or ought to have known that their decisions to reject the applications were unlawful.”
She added the obligations they imposed to prevent logging they found “distasteful” amounted to an “improper purpose.”
She gave Hamm two years to reapply for his permit under the previous bylaw. The city didn’t appeal the decision. However, the statement of claim says Hamm still has not received the permits.
The suit alleges this amounts to contempt of court and is a “continuation of and exacerbation of the bad faith” conduct mentioned in Lyster’s ruling.
Hamm claims council members intended to hurt him financially and breached their duty to act fairly.
The filing says as a result of their actions, Hamm wasn’t able to harvest and sell timber when prices were high, and has not been able to develop and sell the properties.
Hamm is seeking $1.037 million, as well as damages for “misfeasance in public office,” and “tortious interference with economic relation,” and punitive or exemplary damages, plus interest and costs.
No statements of defence have been filed and none of the latest allegations have been tested in court. Morel declined comment.
The defendants have three weeks to respond. It’s not clear whether the City of Rossland, which is not named in the suit, will cover their legal fees. The city’s indemnification bylaw doesn’t specify whether it assumes legal costs for people who no longer hold office.
You can read the full statement of claim here: Hammerhead Equities et al V Individual Councillors.
