The owners of a Langford property that the city claims is being used illegally as a biker clubhouse has pulled its tenants into the dispute.
Pacific Coast Land Company Ltd., which owns 2775 Spencer Rd., responded Monday to a court injunction filed by the City of Langford. It issued a third-party notice to Pacific Bulldog Construction, identified as the lessee of the property.
“When you third-party someone, you’re saying, ‘I’m being sued and now I’m suing you, because I’m not taking the fall, you are,’ ” said Troy DeSouza, a lawyer for the City of Langford.
The Spencer Road site drew more than 100 bikers from the Hells Angels and other motorcycle clubs last month for what RCMP said was the opening of the first Devil’s Army clubhouse outside Campbell River. RCMP said it would monitor the property, though there was no indication that the public should be concerned.
Mayor Stew Young said he’s received thousands of complaints about its proximity to two schools, a seniors’ park and a daycare.
The City’s injunction against Pacific Coast Land Company, filed in B.C. Supreme Court on May 1, claims the property use contravenes city zoning and bylaws. The site is zoned for commercial use, not for a clubhouse, and permits were not obtained for the two “41” signs and a tall black fence erected, it said.
Patrick Guy, a lawyer for the property owners, declined to comment.
The company’s lease agreement with Pacific Bulldog Construction meant the tenant agreed not to sublet the property, agreed to use the property only for uses approved by the city and would also indemnify Pacific Coast against claims that arise from Pacific Bulldog’s use of the property, court documents filed on behalf of Pacific Coast Land Company said.
The company also claimed no knowledge that the tenant had erected a fence or put up the signs, which have since been removed.
Pacific Bulldog was incorporated in 2004. Provincial documents identify Dallas Julien and Lisa Stuart as directors. Neither could be reached for comment.
The company builds houses, according to online listings, and had a $40,000 contract with the District of Sooke in 2012.
DeSouza said Langford is not out to get motorcycle clubs, but is only seeking appropriate use of this particular property.
“There are other properties zoned for this type of use. It’s not specific to motorcycle clubs — we welcome those on different zones. It’s just on this zone, on this property, it’s not permitted. And frankly, had more due diligence been done before purchasing or leasing the property, we wouldn’t be here,” DeSouza said.
He said it is typically the property owners, not the tenants, who are held responsible for fundamental land-use issues.
Two neighbours of the property said Monday that they have seen only one or two people on the property at a time since the May opening, which attracted a heavy police presence.
