A man from Inverness Co. is taking officials with Cabot Links to court regarding use of land.
Derek Simon, the lawyer for Neal Livingston of Mabou, says Cabot reps are planning to go ahead with construction of nine cottages, but his client says restricting beach access is concerning.
He says part of the golf course construction was an issue, but their primary focus is the proposed development of nine cottages.
Simon says Livingston is asking for a declaration of dedication for public use, an injunction to prevent Cabot reps from denying public access, and to have a proclamation in the land registry noting the property has been dedicated for public use.
Simon tells The Hawk public concern didn’t stop talks, so they filed the case in June or July.
“Cabot acquired the property in 2011, I believe, and 2012 or 2013 is when they started denying public access to the property,” he says. “About a year ago, they were proposing to move ahead with constructing their cottages on the location despite some public opposition.”
Simon says the hearing will include testimony from a number of people on both sides who will be cross-examined.
He says it comes down to a legal concept called public dedication.
“If a landowner, through their actions or their words, dedicates land to public use, and the public accepts that use and uses the property for public purposes over a certain period of time, it’s considered to be dedicated for public use.”
A request for comment by Cabot reps was not returned; court documents indicate they’ll be represented by John Keith.
The case of Neal Brian Livingston v Cabot Links Enterprises ULC starts in Nova Scotia Supreme Court in Port Hawkesbury Tuesday; 5 days have been set aside.