The Town of Athabasca has made their first substantial public statement regarding the lawsuit filed against them by Hees Estates property owner Barbara Bell.
A letter from the town was sent last week to Hees Estates residents, inserted with their town utility bills, which confirms Bell’s legal action against the municipality.
“As you may be aware, there has been recent attention and interest in the situation involving the hill and structural integrity of the Barbara Bell property in Hees Estates,” the letter starts. “We have received questions from community members about the issue and we believe that it is important for us to communicate with area residents about the situation.
“As you are undoubtedly aware,” the letter continues, “Barbara Bell has commenced legal action against several defendants, including the Town of Athabasca. (She) alleges that the Town of Athabasca was negligent in its issuing of a building permit for the home. The Town of Athabasca alleges that an inspection of the property was carried out by an accredited inspection agency.”
Councillor Tim Verhaeghe is listed in the letter as the town’s spokesperson for the matter.
“We’ve been clear from the beginning of our position in this matter,” he said. “Given that this is now a legal matter, we’ve been careful as to not compromise the integrity of the judicial process by entering into public debates.”
Verhaeghe said the town has established a “good, trusting working relationship” with the community and is hopeful the town can move forward in a positive manner.
“We’re fully aware of the situation involving Barb Bell and her property,” he said. “We’re trying to work though the legal process with Ms. Bell and all those involved to find a satisfactory conclusion to the situation.”
Verhaeghe said town officials are “certainly sympathetic to the concerns (Bell) has put forward, and we do recognize the time and energy she has invested into this.”
Nevertheless, he added, “We believe that we have acted appropriately in this manner, and we will continue to work with the utmost respect for both Ms. Bell and the legal process.”
The town’s letter describes Bell’s litigation as ‘complex’ and notes that there are numerous defendants involved. “We are currently in the middle of a process which: A) will require a determination as to the merit of the claim; and, B) which, if any, of those parties sued in that litigation bear responsibility; and, C) if there is merit and there is responsibility by one or more of the defendants, what is the monetary amount of compensation that should be paid by each of those responsible,” the letter explains.
“As this matter is a judicial matter it would be inappropriate for me to speculate on the outcome of the details of this case,” Verhaeghe commented.
“The judicial process is complicated and tends to move slowly,” the letter reads. “It is likely this matter will take many months before being brought to conclusion. We are therefore committed to providing you updates as this matter proceeds.
“We want you to know that your mayor and council are fully engaged in this matter and remain committed to supporting this process through to a conclusion,” the letter concludes.
“We thought we would put this letter out for now, and then if people had any questions or comments they can certainly give me a call or send me an email,” Verhaeghe added.