UARB shortens Midtown appeal list

WebPosted Nov 12 2004 02:07 PM AST

HALIFAX — Several groups opposed to a planned development in downtown Halifax have lost a fight to argue their case before a review board. The Nova Scotia Utility and Review Board is limiting the number of groups that can appeal a decision about the Midtown, a 17-storey hotel complex that would replace an old and popular pub.

The Midtown Tavern on Grafton Street first opened in 1949

The Peninsula Community Council approved the project last July. Soon after, several people turned to the review board to try to stop it, saying the complex will ruin the views from Citadel Hill.

But in its Nov. 10 ruling, the board says only three groups are considered aggrieved parties. Their lawyers will be allowed to present evidence and cross-examine witnesses during hearings next year:

• Federation of Nova Scotian Heritage
• Peninsula South Community Association
• Paul and Joyce McCulloch

Three groups cannot appeal, but they can make a presentation when the case is heard:

• Ecology Action Centre
• Tourism Industry Association of Nova Scotia
• Phillip and Elizabeth Pacey

The lawyer for the Midtown, Robert Grant, had asked the review board to dismiss all the claims to appeal, saying the only group that should be heard is the Heritage Trust of Nova Scotia.

The trust, a heritage preservation group, will also present its side when the review board hears the case in January and February.