Pine View sues city over sewer charges

The operator of Pine View Golf Course says the city is being “petty” by not honouring an agreement to provide a rebate on sewer fees.

Mike Copeland, the general manager of Pine View, said management met with the city about the sewer rate when the golf course changed hands in 2014. The city previously operated Pine View.

The water and sewer bill is a big deal for the golf course because it’s hooked into the city’s water supply and sewers.

The city charges water and sewer customers based on the volume of water they use. When it comes to the sewer part of the water bill, the city charges 117 per cent of the water fee. However, most of the water the golf course uses goes into the ground, not the sewers.

A city bylaw allows customers to apply for a sewer rate exemption if they meet several conditions. For example, a water audit is necessary for rebate-seeking customers whose water is mostly for outdoor use.

Naturally, Pine View was interested in the exemption. Management believed it had convinced the city in August 2014 to provide a sewer rebate for a one-year period starting March 1, 2014. They agreed on terms.

Pine View said the city changed its mind about the deal in January 2016, citing unfulfilled terms.

“They tried to deny the agreement even existed,” Copeland said.

Pine View is suing the city for $110,000 over the apparent 2014 agreement. A judge has not tested the lawsuit’s allegations. The city was served with the suit Tuesday.

Deputy city solicitor David White said the city doesn’t comment on matters before the court.

Pine View says the deal with the city required the golf course to install a flow meter and pay for a water audit. Then when the city called the deal into question, Pine View disputed the city’s insistence that the property required a backflow prevention device to get a rebate.It led to the lawsuit, which alleges that the city breached the 2014 agreement.

“That conduct is shocking and high-handed,” the lawsuit says.

The lawsuit claims $60,000 in damages related to the alleged breach of contract, plus $50,000 in punitive damages.

Copeland said “things are progressing” with the city for a 2015 and 2016 sewer rebate. Summer 2016 was dry and, Copeland said the golf course spent $225,000 to water the grass. The course budgeted about $120,000 for its water bills.