Fort Smith (Sep 18/06) - The North West Company has won the latest round in an ongoing court battle to build a gas bar at its Fort Smith Northern store.

On July 31, the NWT Court of Appeal ruled the company can apply to the NWT Supreme Court to hear an appeal on the matter.

In 2005, the company applied for a development permit and it was approved by Fort Smith's development officer.

However, five individuals appealed to the development appeal board, which blocked the permit on June 15, 2005.

The store then applied to the NWT Supreme Court to appeal the board's decision. That court dismissed the application for an appeal. It agreed with the town's argument that the process was out of time under the Planning Act because the town was not served with the application within 30 days of the board's June 15 decision.

In the most recent ruling, however, Court of Appeal Justice Adelle Fruman noted the deadline is for filing with the NWT Supreme Court, not the town.

"The town and other interested parties were served on Aug. 15, 2005, and the hearing took place on Oct. 3, 2005," Fruman wrote. "The town and other interested parties therefore received ample notice of the hearing."

Paul Smith, a Yellowknife lawyer for the North West Company, said no new date has been set to seek leave to appeal from the NWT Supreme Court.

"The matter has been sent back to the Supreme Court and will be argued at some time in the near future," Smith said.

One of the five individuals who originally objected to the development permit was John Minute, owner of Fort Smith's Raceway Gas. Minute said he's concerned about safety and the appearance of downtown. "The centre core of town won't look clean with a gas bar," he said.

His safety concerns involve tanks in the downtown for the proposed gas bar and tanker trucks supplying it.

Minute, said his objections were not because of additional competition, noting he wouldn't mind if the Northern store opened a gas bar across the street from his business on Highway 5. "The smartest and best one will survive," he said.