Tara Kearsey
Northern News Services

Yellowknife (Jun 16/00) - After a four-year legal battle over houseboats on Yellowknife Bay, the city is heading back to court Monday.

In 1996 the city, believing it had jurisdiction over houseboats in Yellowknife Bay, filed a lawsuit against Matthew Grogono when he ignored warnings to cease building a new hull for his houseboat.

"There is a (public) perception that the court cases are over," said Grogono.

Just one month ago, the Department of Municipal and Community Affairs issued a report to houseboaters stating a city request to take control of the lake bed would not be proceeding.

"There is no point in pursuing the case because MACA has already said 'Look, you haven't got jurisdiction,' so why bother trying to pursue a case that you've already lost?" said Grogono.

But MACA's decision is separate from the Grogono court case, said Tim Mercer, the city's director of corporate services.

"We're glad that (MACA) has come out with that position," said Mercer, adding a memorandum will be introduced to council regarding the report during an in-camera session on June 26.

At that meeting, Mercer said administration will be asking city council how it should address concerns over jurisdiction of Yellowknife Bay given that MACA has now come out and said they, in fact, have jurisdiction.

"We wish they would have told us that three years ago, but now suddenly they've come out and said 'No, it's our problem not the city's,'" said Mercer.

"Our response to (MACA's) report is going to be `That's good. If you're responsible for it then let's see some action,'" he added.

However, Mercer maintains that issue is "separate and apart from the court case ... MACA is not a participant in the court case."

Meanwhile, Grogono claims the city has made no attempts at mediation.

"It looks like it could be a couple more years in court and I can't afford that time. I don't want to afford that time and I don't think the taxpayers of Yellowknife should afford that either," said Grogono.

Mercer, on the other hand, claims the city has made many attempts at mediation, but to no avail.

Mercer said he did know how much the city has forked into the case, but said, "We're not prepared to release that information."

"There's been all these appeals (filed by Grogono's lawyer). I think the city has spent relatively little money on the actual trial, I would say less than $5,000 ... but responding to these motions and appeals of the respondents has cost us a significant amount of money -- I would say in excess of $10,000," said Mercer, adding the city has had no choice in the matter. Mercer expects city council to decide how it wants to proceed with the case within the next three weeks.

Grogono and his lawyer will face off against the city on Monday at 3 p.m. in territorial Supreme Court.