Williams Harbour votes on relocation as 2 families sue province over residency status
Two families say they have been improperly classified as not being permanent residents of a tiny Labrador community currently voting to relocate — decisions that could cost them hundreds of thousands of dollars.
The families have filed applications in Newfoundland and Labrador Supreme Court to have the decisions quashed.
The provincial government received a request to relocate the community of Williams Harbour more than two years ago.
According to the Department of Municipal Affairs, 26 residents have been deemed eligible to vote and were sent ballots. Those ballots are due back today, Aug. 31.
The threshold for the relocation process to proceed is 90 per cent.
Two years ago, the province hiked the maximum payout per household in relocated communities to $270,000. Previously, the amount was $100,000.
A total of 14 households have been deemed eligible, government officials said.
But in documents filed at Supreme Court in St. John's, two families contend the decisions to reject their residency claims were wrong.
Decision flawed, court filings allege
Karen and Bryce Kippenhuck said government's decision, and an independent review upholding it, are flawed.
They say in court documents that they met the policy by residing in Williams Harbour for at least 183 days in each of the two 12-month periods immediately proceeding the town's relocation request.
The Kippenhucks note that they own property in the town, and leave for employment purposes.
Another family similarly disagrees with the decision to deem them non-residents.
Yvonne and Graham Russell say in court documents that they left Williams Harbour to allow their children to attend school, and also met the residency requirements set down by the province.
Those claims have yet to be tested in court.
Both families want to be able to vote on the relocation, and be eligible for any compensation.
Their applications are not set to be heard by the court until early 2016.
The families did not respond to interview requests sent through their lawyer.
Municipal Affairs Minister Keith Hutchings was also not available for an interview.
But a spokesman said the ongoing legal proceedings would be considered in determining the next steps once the final ballots are counted.
