The legal battle between the Town of Kentville and a businessowner, who is now the mayor, is over.

The property matter was due in court in early December, but the sides reached an out-of-court resolution with all claims being dismissed without costs to either party.

It ends a three-year dispute and paves the way for the town to do something with the two vacant lots on Main Street.

“When I decided to run for mayor, I reached out to the town and decided that it would be best if we could come to some kind of resolution,” Andrew Zebian told the Annapolis Valley Register. “I didn’t want a new council to be faced with that situation.”

 

Purchase

Zebian owns Mike’s Clothing Limited, which purchased the two lots, known as the former F.W. Robinson property, in October 2019, prior to the Covid-19 pandemic. They are located on the west side of Church Avenue next to the King’s Arm Pub.

Zebian, who was elected as a town councillor in October 2020 and mayor four years later, planned to build a two-storey building and lease the ground floor for commercial space with residential units upstairs.

Construction delay

There was a clause in the sales agreement where the town could buy the property back for $71,000 plus HST if construction deadlines weren’t met.

The town applied to the Supreme Court of Nova Scotia to have the property returned. The company opposed the application.

The company argued in court documents the town denied its request for an extension of construction deadlines in bad faith. The parties had agreed to extend construction deadlines three times with the last being in June 2021 when the following clause was included in the amended agreement.

“The dates agreed to herein are critically important and (Mike’s Clothing) shall not request any further extension thereof and (Mike’s Clothing) specifically understands and agrees that the town may buy back the property pursuant to the agreement, as amended, if (Mike’s Clothing) does not strictly comply with the terms of the agreement, as amended.”

Zebian said in court documents he received the permit for the footings in August 2021 and provided the town with a letter from the general contractor outlining the projected completion dates.

A motion to extend the deadline was defeated in October 2021.

“He asserts that the decision of council to buy back the property constituted retribution against him for pursuing the ‘Kelly Rice issue,’” a Sept. 12, 2022, court document stated.

 

Request denied

The town denied Zebian’s freedom of information request for a copy of the then chief administrative officer’s 2020 letter. Zebian said in court documents, he received a copy from an anonymous source in June 2021.

“In the letter, Ms. Rice accused the mayor and some councillors of creating an unsafe and unhealthy work environment, and of abusive and disrespectful behaviour,” the 2022 court document said.

On July 14, 2021, Zebian said he met with then mayor Sandra Snow and then chief administrative officer Dan Troke about the letter.

“He says that the conversation became volatile, that Mr. Troke began yelling at him and that the mayor said that she would be calling the police to retrieve the envelope that the letter came in,” the court document said.

Zebian tried to call a council meeting to discuss the issue but the following day he received a letter from the town’s legal counsel demanding he not speak publicly about the letter or face legal action.

 

Moving forward

How much the town has spent on legal costs on the case was not available.

Zebian said both parties lost during the three-year dispute and added it is time to move forward.

“It was time to turn over a new page and I didn’t want to have that situation still pending,” Zebian said. “The main thing is the town thrives – that’s my main goal.”

He said the town has a “great new council” and he is very optimistic for the town’s future.

Zebian said the town hadn’t discussed what it would do with the property, but he anticipated it will soon be back on the market.

“I think there’s been interest already, but we’ll go through with the formal process,” he said, noting it is in a prime downtown location.

“I am just very optimistic something great will show up there, that’s all I want to see.”