In 2010, the owner of the old Lens and Shutter building successfully sued the City of Victoria for the right to demolish the 1926, single-storey brick building.
Now, Jurgen Weyand of Fort Street Properties is suing the city again – this time for the right to build a surface parking lot on the now-bare site at 615 Fort St. in the city's Old Town district.
City council rejected Weyand's application in March.
In the city's response filed to the court, it argued that "as a condition of the demolition permit, the petitioner agreed to construct and maintain special hoarding to preserve the continuous building frontage, or "street wall," to provide pedestrian interest continuity along Fort Street."
A parking lot would disrupt this continuity, and is therefore inconsistent with city policies, the reply read.
Weyand disagrees.
Through his lawyer, John Alexander, he argued in his submission, "That the council of the City of Victoria erred in law by refusing to approve a development permit that meets all applicable development permit guidelines as set out in the Official Community Plan."
A court date for the dispute was not immediately available.
rholmen@vicnews.com