A court delayed until September its ruling on whether the company's venue is a legal use of the converted warehouse on Steven Street.
CBC News
Posted: Aug 16, 2013 7:58 AM ET
Last Updated: Aug 16, 2013 7:56 AM ET
The final act in Barbara Milne and Gary Santucci's struggle to keep the Pearl Company theatre and arts centre in its current location won't happen until later this summer.
On Wednesday, a court delayed until September its ruling on whether or not the company's venue is a legal use of the converted warehouse on Steven Street.
In 2009 and 2010, the city charged Milne and Santucci, the Pearl Company's co-founders, for running theatre and art shows in a space designated solely for residential use.
The owners, however, contend that the Pearl Company should be considered a legal non-conforming use of the location, noting that the business is taxed commercially.
This is the second time a ruling has been delayed.
Last year, Justice of the Peace Wendy Casey, against the backdrop of a 2010 decision by city council to suspend enforcement of zoning by-laws for buildings with arts and culture purposes, delayed a ruling until this summer in hopes that both sides could reach an agreement.
No such agreement has since been reached.
This time, a ruling was delayed because Milne and Santucci's lawyer was caught in a scheduling mix-up, and was unable to make it to court on time.
"It's been seven years, so we don't mind waiting a couple of more weeks," said Santucci, who invested $200,000 in renovating the 16,000-square-foot building in 2006.
"And we're quite optimistic that the court will rule in our favour."
Santucci, who along with Milne could potentially be on the hook for upwards of $50,000 in fines, said that he did not know why the city has gone after the Pearl Company.
"It's an unknown to us. We've done exactly what the city has wanted in terms of urban revitalization, but our Ward 3 councillor just does not seem supportive."
Ward 3 councillor Bernie Morelli denies he has unfairly targeted the Pearl Company.
"They've done good work, and I've never had anything but positive things to say about the Pearl Company."
"You could be the greatest landlord in the world," Morelli said, but everyone must go through the same zoning process to "make sure things are fair."
"What happens when someone down the street opens a business without a permit? We need to ensure that everyone is treated equally."
Santucci said that he hopes Casey's ruling in September will pave the way for future arts investment in Hamilton.
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