Rothesay Common redevelopment injunction decision adjourned

A Court of Queen's Bench judge has reserved decision on whether to grant an injunction to stop work on the Rothesay Common redevelopment project.

Justice Thomas Christie did not indicate when he would give his ruling after hearing arguments from both sides on Monday.

The Town of Rothesay made no apologies in courtfor pushing ahead with the$2.2-million redevelopment of its central public green space, in spite of five appeals that have yet to be heard by New Brunswick's assessment and planning appeal board, as well as abid by James Crosby to quash the project.

Crosby, of the Crosby'sMolasses dynasty, is paying the costs of fighting the town in court, because he says it's personal.

"They are building this development across the street from the house I was born and raised in," said Crosby, nothing his family has lived on the Common for more than 100 years.

"People kept asking me, 'Somebody should do something about it.'And I decided I was going to do it,'" he said.

"Once you take a green space and turn it into buildings and basketball courts and so on, you're never going to get it back."

Monday's hearing was rescheduled at least three times and in the passing days, work crews have completely demolished the old warming hut that stood next to the ice pad.The playground has been dismantled and what used to be the basketball courtsis now a field of mud.

Foundation work on the most contentious part of the plan, the construction of a service building, also appears to have started.

Crosby's lawyer, Frederick Welsford, described the town's actions as "arrogant," "dismissive," and "irresponsible."

"The building is down," he said. "The town is not waiting."

"Can we please have a public hearing so people can speak for and against?That hasn't happened."

The judge raised questions about what could happen if the province's assessment and planning appeal board does not rule in the town's favour.

"The risk is on the town that everything gets undone," he observed.

Welsford said that was part of the urgency.

"The court has the ability to grant an injunction today," he said.

The town, however,has insisted that it followed a democratic process, whichbegan more than three years ago.

Opponents of the project, who comment on the Facebook page, Save the Rothesay Common,complain the planned service building istoo big and out of character for the space.

Measuring more than eightmetres high, 14 metres wide, and with a footprint of approximately 1,700 square feet, it will contain a mechanical equipment room, garages, public toilets, changing rooms, an exterior performance stage and an ice plant.

The court also heard a brief debate Monday about what constitutes an ice rink.

Lawyer Edward Keyes, who is representing the town, said, "We are not putting an ice rink there."

Keyes said the town is putting pipes underneath the ice surface for cooling purposes so the ice stays frozen all winterand is safer for the people who use it.

Keyes insisted the town had followed the municipal plan and that the development is permitted and consistent with what has stood on the Common for 85 years.

He also argued that Crosby's bid for a court intervention was premature when the appeals have yet to be heard.

"Why the rush to court?" he asked.