City of Rossland acted in bad faith when it rejected a string of development permit applications, court rules

A major Rossland property owner, pub owner and developer has won a case against the city, with the Supreme Court of B.C. ruling council acted in bad faith when it rejected his four development permit applications.

According to court documents, in the summer of 2021 Warren Hamm — through four companies, each representing a different parcel of land — submitted four development applications with their primary purpose being to remove trees on those properties worth an estimated $375,000 that were diseased or a fire hazard.

Hamm had been advised by the city that he needed to submit a development permit to allow for the logging under Rossland’s Official Community Plan Bylaw.

Those properties comprise a 52-acre steep forested lot on the south side of Granite Mountain, a 6.5-acre parcel at 125 Granite Road with a home on it, a 2.7 acre lot that has been partly stratified and a 3.8-acre lot that has the 4,000-square-foot The Rock Cut Pub on it.