THE day Jason Ford was hoping wouldn’t come has been firmly fixed in his diary for next Wednesday.
The Airlie Aqua Park owner is headed to Brisbane’s Planning and Environment Court.
Since opening the park at the beginning of the month, Mr Ford has faced the threat of legal action from landowners at Port of Airlie’s adjoining Boathaven Beach.
And it’s not just Mr Ford who has been summoned to the court – Whitsunday Regional Council is listed as the third respondent in the matter.
It was Council who granted Mr Ford the permit to run his inflatable facility off Boathaven Beach, which due to an agreement with the original Port of Airlie developers was handed over to Council’s control about two years after its official opening in 2011.
Whitsunday Regional Council’s CEO Scott Waters confirmed Council would be legally represented in the case.
“Council’s solicitors have received correspondence and (Council) is receiving legal advice to lodge an entry of appearance,” he said.
The lot owners instigating the action are believed to have concerns over their loss of amenity and views.
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