BC Supreme Court sides with Lake Country in dispute over model aircrafts

Kelowna based model aircraft club ordered to stop flying in Lake Country after contravening local bylaws

  • Oct. 31, 2013 1:00 p.m.

The Supreme Court of B.C. has ruled in favour of the District of Lake Country (DLC) in a court case between the DLC and the Kelowna Ogopogo Radio Controller’s Association, whose members had been flying remote control aircraft in Lake Country for the past several years.

The court ruled the club was in contravention of a DLC bylaw and has issued an injunction to restrain the operation of model aircraft on the private land that is protected under the Agriculture Land Reserve.

“It’s unfortunate it had to go to court but model aircrafts were never considered as something that could be used on agriculture land,” said Lake Country majyor James Baker

Baker said the DLC did initially approve the use of the land for the model aircraft club but soon after realized that decision was in error and revoked its land-use permit, asking the club to apply for a temporary permit and work to find a solution.

According to Baker, the club continued to operate on the land and the DLC was forced to take the matter to court.

Kelowna Radio Controller’s Association (KORCA) president Todd Davis says its a disappointing judgement that is hitting the 75-member club hard.

“When we moved here everything fit within the zoning bylaws and Lake Country gave us full approval,” said Davis. “But then the neighbor started to complain and things changed. We have members from age five up to 90. Some of these guys it’s their only reason for getting up in the day. It’s the only thing they do. For a lot of our members it’s heartbreaking.”

The model aircraft club began in the late 1970s near Sexsmith Road, was then forced to move to Black Mountain where it operated for 20 years before most recently locating in Lake Country.

“I don’t know what we will do now,” said Davis. “Finding a suitable location in the valley is next to impossible with all the urban sprawl.”

Kelowna Capital News

Just Posted

(Contributed)
Collision slows rush hour traffic in Kelowna

Expect delays at K.L.O. Road and Richter Street on your commute Tuesday evening

A conceptual render of the proposed building at 955 Manhattan Drive. (Contributed)
Height not wanted on Kelowna’s Manhattan Drive

City staff said proposed five-storey building poses challenges

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Thompson-Okanagan population grew despite COVID-19: report

The Chartered Professional Accountants of BC said there are 8,462 new residents in the region

Kelowna General Hospital. (File photo)
COVID-19 outbreak at Kelowna General Hospital declared over

Three people tested positive for the virus — two patients and one staff — one of whom died

A crash at the intersection of Harvey Avenue and Leckie Road on June 15. (Amandalina Letterio/Capital News)
Traffic stalled by Harvey Avenue crash in Kelowna

One lane is open as crews clean up after crash at Harvey Avenue and Leckie Road

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Vernon-Monashee NDP MLA Harwinder Sandhu supported a motion in the B.C. legislature for Canada to create a national Indigenous History month Monday, June 13, 2021. (Contributed)
Canada needs a national Indigenous History Month, Vernon MLA agrees

Harwinder Sandhu supports motion to recognize June as month to advance reconciliation efforts with First Nations

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Facebook)
New trial date set for Penticton beach attacker’s triple assault charges

May trial was delayed after Crown witnesses failed to show up

Orange ribbons are tied to the fence outside Vernon’s Gateway Homeless Shelter on 33rd Street. (Jennifer Smith - Morning Star)
POLL: Low-key Canada Day in the works for Vernon

Councillor calling for Indigenous recognition for 2022

A conceptual design of Vernon’s new Active Living Centre, which will go to referendum Oct. 15, 2022. (Rendering)
Active living centre 2022 referendum planned in Vernon

City hoping to get Coldstream and Areas B and C back on board

Closure of the 2900 block of 30th Avenue will allow restaurants and other businesses to extend their patios onto the street. (Jennifer Smith - Morning Star)
Green light given to downtown Vernon road closure

Single block of 30th Avenue to close over summer months to boost business

Graduating Grade 12 student Savannah Lamb has been awarded an approximate $40,000 scholarship from the Beedie Luminaries foundation. (Contributed)
Dedicated Salmon Arm student earns scholarship to pursue post-secondary education

Savannah Lamb is graduating from Salmon Arm Secondary with a $40,000 scholarship

Most Read