A BC judge pushed pause on Kelowna city hall’s attempt to take over a contested Okanagan Lake boardwalk at the Hotel Eldorado.

The fight over public access to the boardwalk isn’t over, but BC Supreme Court Justice Warren Milman blocked city hall’s attempt to force a sale, according to online court records.

On Sept. 18, Justice Milman granted Hotel Eldorado an interim injunction, meaning the city’s effort to expropriate the boardwalk is on pause. The city and the hotel will return to court to propose terms of a repair and reopening of the boardwalk, according to online court records.

It comes a month after the hotel filed for the injunction, arguing the city failed to negotiate before deciding to expropriate the boardwalk.

The public will remain blocked by the boardwalk’s locked gate until an agreement is struck, while hotel guests and marina users get access.

It’s not clear when the years-long dispute will end.

Public access has been guaranteed under an agreement between the city and Hotel Eldorado for years, but it was first tested during the COVID-19 pandemic. It was reopened again until structural safety concerns arose near the Manteo Resort side of the boardwalk.

Both resorts are owned by Argus Properties CEO Ted Callahan.

They have have presented opposing views of the dispute since the hotel filed for an injunction on Aug. 12, with the hotel painting the city as unwilling to negotiate, according to court documents.

In reply, the city described the hotel’s terms as increasingly unreasonable.

Hotel Eldorado has asked for payments for historical repairs, the ability to close the boardwalk when it wishes and clarity on snow removal duties. It later added a demand for the city to create a new path to re-route pedestrians away from the neighbouring Cook Road boat launch, according to court records.

iNFOnews.ca reached out to the city following Milman’s decision and a spokesperson would not comment on the court case.

Ahead of the Sept. 18 hearing, Hotel Eldorado issued a news release, which described the city has “choosing courts over conversation” and called the expropriation attempt an “extreme and improper use of municipal power.”