Whistler’s No Asphalt Plant (NAP) group has obtained legal advice that argues the Alpine Paving operation has “no legal right to operate at its current location.”

Victoria-based lawyer Andrew Gage with West Coast Environmental Law prepared a seven-page letter addressed to Whistler’s mayor and council, which was submitted to municipal hall last Thursday (Aug. 26).

In the letter, Gage outlines his understanding of the facts of the Alpine Paving history and zoning. He concludes that asphalt processing “is not legally allowed within” Whistler’s current IP1 zoning, that “the suggestion that the asphalt plant may be grandfathered appears to be incorrect” and that “council should feel under no obligation to rezone another property to allow for the legal operation of the plant.”

Tim Koshul, spokesperson for NAP and future resident of the Cheakamus Crossing neighbourhood, which is located near the asphalt plant, said Gage has been involved in the case for about five months. Seeking out legal advice was “a neighbourhood initiative,” Koshul said on Friday (Aug. 27).

“Of course I agree with it 100 per cent,” he said of Gage’s conclusion. “It’s something we’ve been saying since day one.”

On Friday, Koshul called on council and municipal officials to release their legal opinions to the public. Mayor Ken Melamed and others have repeatedly cited various legal opinions as rationale for council’s position that it can’t compel the plant operator to move the plant away from Cheakamus Crossing. Despite repeated requests from members of the public, Melamed has maintained the opinions can’t be released.

“The world sees ours; show us yours,” Koshul said. “Let’s put everything on the table and let the public see what we’re dealing with here.”

In a statement released on Tuesday (Aug. 31) in response to the letter from West Coast Environmental Law (WCEL), municipal officials repeated the message that their “privileged legal advice… must remain confidential to protect the legal and financial best interests of the RMOW (Resort Municipality of Whistler) and all its residents.”

However, the municipality’s legal counsel has reviewed the WCEL letter, and the municipal lawyer’s response will be made public, the statement says.

“We do not agree with all of the conclusions that they (WCEL) came to because they are not based on all the relevant factual information,” the statement says.

“WCEL does not have access to the additional, confidential background information that has informed the previous legal opinions received by the RMOW from several different lawyers on this issue.

“Our privileged legal advice, received from these law firms, is uniform and supports council’s actions to date.”

The WCEL letter and the response by the municipality’s legal counsel will be included in the information package for the public hearing on the asphalt plant rezoning, which is scheduled for Tuesday (Sept. 7) at 6 p.m. The information package will be posted to whistler.ca by Friday (Sept. 3).

The Question was not provided with a copy of the municipal lawyer’s response before press deadline.

On Tuesday, Koshul said he’s “so disappointed” by the municipality’s response. It’s “frustrating” that those who are fighting to see the asphalt plant moved away from Cheakamus Crossing have been encouraged by Melamed to get their own legal opinion — and now that they have one, they’re told there’s “secret” information.

“I’ve always known they’re not telling us something and now they’ve substantiated it,” Koshul said. “Who are they protecting? What are they protecting?”

Meanwhile, municipal officials are introducing new guidelines for Tuesday’s public hearing. Anyone wishing to speak at the hearing must sign up at Millennium Place starting at 4:15 p.m. on Tuesday, according to a news release. Each person on the list will be given an “initial” five minutes to provide comments, and once all the people on the first list have had a chance, people can sign up on second and subsequent speakers’ lists to get additional time at the microphone.

Melamed has proposed that Tuesday’s hearing be adjourned at 10 p.m. and if additional time is needed, the hearing continue on Wednesday (Sept. 8) at 6 p.m. A council vote is required to adjourn the meeting to the following evening, according to the news release.

Providing further guidelines for the public hearing process, the release says:

“A public hearing is neither a debate, nor a question-and-answer period… It is expected that persons who want to make submissions will arrive reasonably informed having thought through their positions.”

Written submissions can also be made to council by fax, mail, email or hand delivery, and they must be received by Tuesday at 4:30 p.m. Contact information is available at whistler.ca.