Queens Residents Sue Former Halifax Mayor Peter Kelly over Eagles Head Beach Right of Way

A handful of residents from Queen’s county are seeking legal action against former Halifax Mayor Peter Kelly in relation to a home he is building just off of Eagles Head Beach.

The construction of the building has been mired by its own controversy, with the Region of Queens already having revoked Kelly’s building permit after residents cited impropriety in how it was awarded. The Region of Queens is presiding over the issue and has taken on legal counsel to assist which they say prevents them from commenting at this time.

However, the new legal claim being brought forward doesn’t relate to the building but rather a path that ran through the property and provided access to the beach which is public land.

The legal claim they are making argues that for decades people have used the path as an access point and as such a right of way has been established.

Brian Casey is Kelly’s lawyer and says when the property was purchased the previous owner told them no such right of way existed and as such there Kelly is free to prohibit the use of the path which runs through his property as he sees fit.

“What they’re saying is that they’ve trespassed and that they’re allowed to continue trespassing, so if they can prove that they trespassed somewhat regularly between 1990 and 2010 than that would entitle them to have a right of way,” Casey said.

The legal claim argues that Kelly started pouring concrete in September as part of construction that will block the path. Boulders have also been installed along the path along with signs telling people to keep out.

In the area surrounding Eagles Head signs featuring Kelly along with an old quote of his that reads “This is so wrong” which have been put up by those opposing his construction.

Ultimately Casey says that the animosity being directed towards Kelly is unwarranted as the legal issues stem from issues related to the purchase of the property and the information provided by the previous owner.