A legal challenge against Cape Breton’s Cabot Links golf resort aimed at blocking the construction of luxury beach front condos has failed.
Local activist and filmmaker Neal Livingston sought to have a 2.62-hectare Inverness property declared as dedicated for public use due to its historical use by the community.
Lawyers for the golf resort — which has received almost $17 million in government loans — opposed the application, saying it purchased the land in good faith from a private landowner.
A Nova Scotia Supreme Court judge agreed with the company, saying there is no evidence of an intent to dedicate the property to public use.
In a decision released Tuesday, Justice Patrick Murray says the recreational use of the beach does not support the conclusion that it was dedicated to the public.
