The Municipality of Kincardine has released the legal opinion that prompted its eviction notice for tenants of the Bluewater Trailer Park.
The park is home to 44 full-service campsites that seasonal tenants will be evicted from by the end of next season.
In 2024, Council approved a three-year lease agreement with Lisa Stacey to manage the Bluewater Tailer Park with an expiry date of October 31, 2027. A legal review that same year showed that the trailer park did not align with the permitted use of land.
The Municipality said the decision to extend the lease was to provide a transition period so tenants had additional time to make alternative arrangements.
After meeting in closed session this summer, Council directed the release of the legal opinion, which was shared at this week's meeting.
According to legal opinion provided by Siskinds Law Firm, the trailer park lands were conveyed in trust to the Municipality back in 1882 for the specified purpose of creating a public park, garden, or walkway.
"A public park as defined in the Municipality’s current Zoning By-law and does not include a trailer park, mobile home park or campground," read the opinion from Paula Lombardi, a partner at Siskinds. "To retain the dedication the Municipality is required to utilize the lands for the purposes as set out in the grant... Failure to maintain the dedication as originally set out at the time of the transfer can result in damages against the Municipality or a strong possibility of recession, meaning that the property would revert to the Donor’s estate."
Councillor Beth Blackwell said it was disappointing, but continuing to operate the park would leave the Municipality legally liable.
"I recognize for the people that have trailers there that it's really challenging and hard, and I really don't want to underplay that," she said. "I'm sympathetic and understand how challenging that must be. But we do need to move forward, we have limitations, the legal opinion is quite clear on that. So taking some steps forward and helping the community understand that within these parameters, we have many options."
Complicating the matter is the fact that the Bluewater Park sits on four parcels of land, only two of those lots (Lot 7 and 8) which were conveyed to the Municipality by Levi and Isabella Rightmeyr, while two were owned prior to 1882 (Lot 5 and 6).
However council said it was accepting the legal opinion as presented, and would move ahead with public consultation on how to utilize the lands moving forward.
"I do think it's really important that there's recognition that this is land held in trust for the public," said Blackwell. "It's not actually a municipal asset, it's something we've been entrusted to care for, with the benefit going to the public. So the public having a say in what that looks like is really important to me."
As part of that plan, council directed staff to include the retention of a Landscape Architect to prepare a design plan as part of the 2027 budget. Staff stressed that public consultation will form the basis of that plan.
