Kelowna man loses lawsuit against city over Bernard Avenue boarding house
Dennis Hildebrand lost his lawsuit against Kelowna after the city refused to reinstate his business license for a boarding house.Summary
Dennis Hildebrand, owner of a Kelowna boarding house operating as a short-term rental under the name Kelowna Art Lodge, lost his lawsuit against the city after his business license was revoked. The license was initially cancelled in 2022 due to a missed $35 renewal fee. While Hildebrand attempted to reapply, the city refused to reissue the license, citing zoning regulations that no longer permitted seven rental units on the property. Hildebrand argued his business should be grandfathered in as a “lawful non-conforming use” based on zoning rules from 1976-1998, claiming it allowed “lodging houses.” However, Judge Simon Coval ruled that short-term rentals with individual kitchens did not align with the historical definition of a lodging house, which was intended for permanent residents with shared cooking facilities. The lawsuit was dismissed, with costs awarded to the city.
(Source：Castanet)