EDITORIAL – Mutual dropping of AAP appeals is a pragmatic solution

An editorial by Mel Rothenburger.

THE GIVE-AND-TAKE resolution reached on the legal case surrounding the City’s handling of approval for Build Kamloops spending is a reasonable conclusion to an unfortunate situation.

As announced today, Kathrine Wunderlich of Kamloops Citizens United has dropped her intention to appeal a judge’s decision upholding the City’s use of the alternative approval process to gain borrowing authority for the $275-million basket of infrastructure projects.

At the same time, the City will withdraw its plans to appeal Judge Joel Groves’ ruling that Wunderlich not be responsible for paying the City’s legal costs in responding to her legal challenge.

Wunderlich, who heads up the KCU community lobby group, had contended that the City didn’t properly engage the public in the approval process. Alternative approval, or AAP, requires electors to return a form if they disagree with a proposal for public spending. If they don’t, they’re counted as a ‘yes.’

Groves found that the City had taken reasonable measures to inform the public of the approval process. But he declined to order Wunderlich to pay the City’s legal costs, noting it might discourage community groups from challenging governments in the courts.

The City decided to appeal his decision on costs. Going after one of its citizens to pay what would likely amount to tens of thousands of dollars in lawyers’ fees didn’t look good on the City. Had the City succeeded, it would have put a chill on any elector with reasonable grounds to challenge municipal bureaucracy and government over a process or decision.

The fact is, the playing field isn’t level in such cases — City Hall has the benefit of a big legal budget, while everyday residents are on their own hook.

So, a compromise has been reached. The City issued a news release today headlined Build Kamloops Definitively Moves Forward. ‘Definitively,’ mind you.

“Build Kamloops is moving forward after months of delay following a legal challenge,” it stated. Noting that Wunderlich decided not to proceed with her appeal, it said, “In the spirit of collaboration and in the interest of moving forward, the City has also withdrawn its appeal for costs.”

Ever playing the wounded party, the City’s release said it had been compelled “to mount a legal defence to be tested in a court of law” because “one resident filed a challenge.”

Wunderlich issued her own statement (dated March 21, 2025) under the KCU logo: “After careful consideration and consultation with legal and political experts, we have decided against appealing Justice Groves’s ruling on the AAP legislation. Instead, we will direct our efforts to the political arena, where this issue truly belongs.”

Pursuing legal action, she said, would impose “unnecessary financial strain on taxpayers, shifting the burden of accountability onto them. This underscores the urgent need for reform and a more transparent approach.” (The complete statements from both the City and Wunderlich will be published under the “Feedback” section of ArmchairMayor.ca.)

So KCU will now focus on holding City council accountable for other decisions, and look forward to involvement in the next civic election.

This was a mutually pragmatic solution to the costs issue. The City doesn’t have to spend more on lawyers, and neither does Wunderlich. In essence, they both cut their losses and move on.

Of course, had the City not chosen the wrong process for getting spending approval in the first place, none of it would have been necessary.

Mel Rothenburger is a former regular contributor to CFJC-TV and CBC radio, publishes the ArmchairMayor.ca opinion website, and is a recipient of the Jack Webster Foundation Lifetime Achievement Award, and a Webster Foundation Commentator of the Year finalist. He has served as mayor of Kamloops, school board chair and TNRD director, and is a retired daily newspaper editor.  He can be reached at mrothenburger@armchairmayor.ca.