The fight over a placer mine along Dome Road in Dawson City, Yukon, is now in Yukon Supreme Court.
"A lawyer for miner Darrell Carey said the case is simple – Carey just wants to work his placer claims.
Those claims are now within municipal boundaries and they straddle the Dome Road. Carey remains determined to get at the gold he believes lies buried beneath the road.
City lawyers said Carey has already stripped away areas so close to the road that it’s unsafe for drivers. The lawyers also accuse Carey of trespassing and are demanding at least $25,000 to pay for restoration work to the road.
Carey’s lawyer argued his mining plans were licensed by the Yukon Water Board, and that Carey is entitled to mine the property.
Yukon Supreme Court justice Ron Veale said in court that he’s amazed the legal issues around this case are based on legislation more than 100 years old. He will work on a ruling after lawyers submit their final written arguments later this month.
Meanwhile, Dawson City residents said they don’t expect any relief from court.
"We expect him to start mining again once the weather improves and the court case is resolved. It’s permitted to operate seven days a week, from 7 a.m. to 7 p.m., so there is continual noise and dust," said Jim Taggart, one of the residents fighting to have the mining activity stopped.