Richard Dauphinee denies involvement in $500K land deal
Case centers on a purchase by the Municipality of West Hants of 5.7 hectares of land in 2011
The warden of the Municipality of the District of West Hants is denying any direct involvement in a $500,000 land purchase made by the municipality after a citizen took the unprecedented step of trying to have the warden removed from office.
Richard Dauphinee was in Nova Scotia Supreme Court in Kentville on Tuesday, fighting an attempt to remove him from office. It's believed to be the first case of its kind in Nova Scotia.
Thomas Calkin made the complaint and said he is shouldering the financial burden of taking the case to court.
"I considered material that I had before me, that I asked for in an information request and I had no choice but to do what I'm doing," Calkin said.
The case centres on a purchase by the Municipality of the District of West Hants of 5.7 hectares of land from J.W. Mason and Sons in April 2011. The apple processor later went out of business.
At the time, council did not disclose the $500,000 purchase price. They also did not say who the land was bought from. Appraisals on the property were not carried out either.
Initially, the land was assessed at $13,000 and was near property owned by Dauphinee.
On Tuesday, Dauphinee said he had no direct involvement in the purchase, as it was handled by staff.
Two subsequent appraisals of the property put the land value at $200,000. A third appraisal valued it at over $500,000.
Calkin's lawyer argued Dauphinee benefited as a nearby landowner and that put him in a conflict. He did not enter any evidence that Dauphinee's land increased in value after the sale.
Dauphinee's lawyer, Derek Kimball, said the warden was trying to find suitable land for the municipality and he's the victim of a witch hunt.
The judge has reserved decision.
After the proceedings, Calkin said he was acting honourably.
"This is not a political fishing trip," he said.
Dauphinee said he's done nothing wrong.
"If the decision comes down and I'm put out of my seat for this, they'll have a hard time finding people to run for municipal government," he said Tuesday.
The judge said there may be a lack of transparency, but he repeatedly challenged Calkin's lawyer to produce evidence that Dauphinee benefited on the transaction personally. Daupinee's lawyer said there is no evidence to support that.