by Richard Gleeson
Northern News Services

NNSL (May 14/97) - An Alberta judge is now trying to decide whether city administrator Doug Lagore overstepped his authority in taking houseboaters to court without a decision from council.

On Thursday Justice H.L. Irving heard more than five hours of arguments for and against tossing the case out of court. The next day he asked for clarification of some details and then said he would be reserving judgment.

Austin Marshall, lawyer for houseboat owner Matthew Grogono, maintained only council could authorize taking the houseboaters to court.

"But for whatever reason, the senior administrative officer believed it was his prerogative to sue the houseboaters without the authority of council," said Marshall.

Grogono said the motion to dismiss centred on an inconsistency that has plagued his dealings with the city.

"When I went to council time and time again and said let's talk about it. The city said 'No,' see you in court."

The case centres on whether the city can tax houseboaters. They claim they live on federal land beyond city jurisdiction.

Marshall noted Lagore had stated the city had obtained at least three legal opinions on its jurisdiction over houseboaters on Yellowknife Bay.

"They were obtained by him, looked at by senior management ... and apparently not given to council."

Marshall went on to cite several precedents in which judgments indicated a council decision, in the form of a resolution, is required to

launch important court cases.

"I do not doubt that this is being used as a test case for the city of its jurisdiction over Yellowknife Bay," said Marshall.

However, even if Irving rules a council resolution should have been made to authorize taking houseboaters to court, the case would not be over. The issue would go before council once again, and if a resolution were approved, the case would continue.

One of the cases cited illustrated a concern that could arise if court costs are awarded.

If an organization bringing the case loses, and is ordered to pay court costs, it is not bound to pay if it did not authorize the action in the first place.