City of Regina contesting appeal board's decision on Capital Pointe

The City of Regina is once again taking legal action against the developers of Capital Pointe.

The city filed court documents onWednesday asking that the Court of Queen's Bench quash a decision made in August which allowed Westgate Propertiesextra time and options to make a decision on the future of Capital Pointe.

The city argues that the Saskatchewan Building and Accessibility Standards Appeal Board made an "unreasonable decision" which was unsubstantiated when it determined the site was not unsafe.

Another argument made by the city is that the board did not have the power to authorize continued construction.

• Appeal board gives developer another chance to complete Regina's Capital Pointe project

• Capital Pointe owner loses fight to pause filling of hole at Victoria and Albert site

On August 23, the SBASAB ruled that Westgate would be given until the end of September to make one of three decisions.

Those options areWestgatecompletingthe projectby March 30, 2022, the company building permanent shoring to protect the site and nearby infrastructure from slumping by February 2020; orbackfilling and decommissioning the site by April 20, 2019.

Currently, the site is a large hole on the corner of Albert Street and Victoria Avenue.

• Regina issues legal order for developer to fill CapitalPointehole

The process began in March, when the city ordered the developer to restart work on the project by April or else have the site filled.

The owner of Capital Pointe appealed thatorder, which eventuallyresulted in the appeal board extending the deadline for Westgate to make a decision.

The matter has been scheduled to be heard in court on September 27.