A Dartmouth developer accused of duping the city and the public to get a construction project approved is firing back against the Utility and Review Board.
Can-Euro Investments is denying what it calls "shocking and malicious" comments from the UARB. Last July, Can-Euro was given the green light to build a 27-storey apartment building near Mic Mac Mall.
The UARB rebuked the company for using an allegedly deceptive image of its project throughout the planning process.
All images included in the proposal show an all-glass building.
A rival developer, Ollive Properties Ltd. appealed Can-Euro’s development plan, but five days into the public hearing, Ollive withdrew its appeal.
On Friday the UARB rendered its decision. The board said even though the appeal was withdrawn, it would not grant Can-Euro’s request to dismiss the appeal.
"The board finds that Can-Euro intentionally misled the public by providing inaccurate drawings of a building it had, and has, no intention of constructing," the UARB decision read.
On Tuesday, Can-Euro denied that it misled anyone, claiming it made clear that other materials would be used on the exterior of the building, which is allowed in the company’s agreement with the city.
In Can-Euro’s letter to the Dartmouth community council dated March 26, 2012, it stated, "less than 40 per cent," of the building’s exterior would be glass.
Tim Keddy, property manager for Can-Euro, said it’s not unusual for a project’s initial rendering to differ from the final design.
"It’s really shocking, it’s unbelievable. The appeal was over, the appellant withdrew the appeal," said Keddy.
"We proposed a number of different siding elements," said Keddy.
"[The glass building rendering] was the only one we did as far as an actual rendering. What I mean is that we are considering other materials and to do a rendering based on all of those materials would be really inefficient."
Patterson Law, on behalf of Can-Euro sent a letter to the UARB again requesting that the board dismiss the appeal entirely saying that the board’s decision casts aspersions on Can-Euro.
In a letter to the board the city said was not prepared to grant a dismissal order without consent.
On Tuesday city councillors who voted unanimously for the project, told CBC News that nothing wrong happened in the city’s dealings with the developer.
"We approved the building as the development officer put it forward," said Coun. Gloria McCluskey.
"I’d like to see the whole thing in glass, I thought it was smashing looking but I do remember the report saying 40 per cent glass," said Coun. Darren Fisher.
Can-Euro said it's ready to proceed with the project.