Hotel Eldorado in Kelowna. (Eldorado Resort/Facebook)

Hotel Eldorado in Kelowna. (Eldorado Resort/Facebook)

City of Kelowna sues Hotel Eldorado over boardwalk access

Gate currently blocks access to a normally publicly accessible walkway along Okanagan Lake

The City of Kelowna is suing a local hotel for blocking public access to a popular boardwalk.

In 2000, Hotel Eldorado’s previous owners agreed to a perpetual public right-of-way on the promenade along Okanagan Lake during daylight hours. In exchange, the city allowed the resort to build a boat fuelling facility.

According to the city, when the COVID-19 pandemic hit last spring, Hotel Eldorado closed the boardwalk’s gate, breaching the agreement.

The city states the hotel closed the walkway due to public health concerns and “potential COVID-19 transmission allegedly posed by the proximity of the public passing along the perpetual right-of-way to food and beverage staff and patrons.” The city claims those concerns are not justifiable.

“The city has kept other public paths and walkways open and accessible while complying with all COVID-19 related orders and guidelines of the provincial health officer and Minister of Public Safety throughout the COVID pandemic,” reads the city’s lawsuit filed in BC Supreme Court last week.

The city is seeking an order from the court mandating the hotel keeps the gate open between sunrise and sunset and for the hotel to pay the city’s incurred costs.

None of the city’s claims have been tested in court. Hotel ownership has not yet filed a response to the lawsuit.

The Kelowna Capital News has reached out to Argus Properties Ltd., the company that owns the hotel, for comment.

READ MORE: Former BC Tree Fruits Kelowna packinghouse listed for $20M

READ MORE: 3 Central Okanagan grocery stores report positive COVID-19 cases

Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com


@michaelrdrguez
Like us on Facebook and follow us on Twitter.

City of KelownaHotelslawsuit

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An RCMP helicopter pictured during the afternoon of Feb. 5 flying above the Morice West Forest Service Road. (Trevor Hewitt photo)
Police helicopter, dog used in Enderby arrest of wanted Penticton man

School put on lockdown as precaution while pair flee roadblock

Kendra Blakely, of Lake Country, was born an amputee but thanks to the War Amps Child Amputee program she has been able to take part in activities as a child and now into her 20s. (War Amps photos)
War Amps swings in support for Lake Country CHAMP

Key tag program celebrates 75 years of helping amputees like Kendra

A student works in a science class at L.A. Matheson Secondary on Friday, March 12, 2021. (Photo: Lauren Collins)
COVID-19 exposures at 2 Central Okanagan schools

Ellison Elementary and Ècole Kelowna Secondary School are reporting exposures

Nolan Foote becomes the 62nd Rocket to suit up in an NHL regular-season game on Sunday afternoon (Photo: Kelowna Rockets)
Former Kelowna Rockets captain plays first NHL game

Nolan Foote played his first game with the New Jersey Devils on Sunday

Pastor Cliff Siebert of the Okanagan Landing Community Church (centre) addresses some of his congregation in-person for the first time in many months Sunday, April 18, as the church held the first of what they hope will be regular outdoor services with COVID protocols adhered to and obeyed. (Roger Knox - Morning Star)
Vernon church hosts outdoor service

Okanagan Landing Community Church put strict COVID protocols in place to hold sermon in back parking lot

In this image from NASA, NASA’s experimental Mars helicopter Ingenuity lands on the surface of Mars Monday, April 19, 2021. The little 4-pound helicopter rose from the dusty red surface into the thin Martian air Monday, achieving the first powered, controlled flight on another planet. (NASA via AP)
VIDEO: NASA’s Mars helicopter takes flight, 1st for another planet

The $85 million helicopter demo was considered high risk, yet high reward

Carver Ken Sheen had almost finished work on a large cowboy carving commissioned by the City of Williams Lake to replace the original overlooking the Stampede Grounds when fire broke out Friday, April 18 at his property between Williams Lake and Quesnel. (Pine River Carving Facebook photos)
Cow boss statue destined for Williams Lake Stampede Grounds goes up in flames

Carver Ken Sheen lost the statue, all his tools and his shop in the blaze

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

B.C. Labour Minister Harry Bains. (Hansard TV)
B.C. moves to protect employee pay for COVID-19 vaccination

Most won’t need to take time off work, labour minister says

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Susan Kootnekoff is the founder of Inspire Law, an Okanagan based-law practice, and provides Kelowna Capital News with weekly stories from the world of local, national and international law. (Contributed)
Kootnekoff: B.C. ESA vaccine amendments

Susan Kootnekoff is the founder of Inspire Law, her diverse legal career spans over 20 years

Kelowna City Hall. (Michael Rodriguez - Capital News)
City of Kelowna sues alleged vandals

The city is suing two men, alleging they have damaged city property with graffiti over the years

New figures show Canadian housing prices outpacing those in other developed countries. (Black Press Media file photo)
Canadian housing prices fastest rising in the world

Relative to 2000, housing prices have risen by a factor of more than 2.5

Most Read