Developers dispute responsibility for private road and its potholes in Charlottetown

Logan MacLean
5 Min Read
Developers dispute responsibility for private road and its potholes in Charlottetown

Potholes on Minna Jane Drive have been an ongoing source of debate at Charlottetown council and between the owner of the road and the owner of a group of apartment buildings on the road. Photo by Logan MacLean /The GuardianArticle contentOver the last several months, there has been a running discussion at city hall about what to do with private roads in Charlottetown that fall into disrepair.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentCharlottetown Mayor Philip Brown has asked about it at meetings, and developer Tim Banks has argued the city is failing in past promises at John Yeo Drive. He also says an apartment complex is to blame for the potholes on another road that his company is getting blamed for.Article contentArticle contentArticle contentThat road is Minna Jane Drive. Every year, the company pays to repair potholes on the section of the road that runs south and has several commercial tenants, such as Kays Wholesale and Habitat for Humanity ReStore. There is no issue there. The problem is the northern section of Minna Jane, which Banks says was damaged during construction of the Chesapeake Suites and Townhomes apartments.Article content“That was from the equipment. The site work contractors that were working for the McInnises, with their cranes and different things they had to build their building, damaged the road,” he said in a Guardian interview.Article contentBanks also said Brown was wrong to say at a committee that Minna Jane was not built for heavy truck traffic. It was, but the city allowed Chesapeake construction onto the road, leading to damage, he said.Article contentResponsibility questionArticle contentBanks says he has no problem repairing the southern section, because it is used by his company’s tenants. But he says the northern section is the responsibility of Chesapeake’s owner, McInnis Group, as the one who caused damage and uses the road.Article contentArticle content“I keep saying to the tenants, show us in writing where it’s our responsibility. Show us any kind of contractual law that we have to maintain or repair or do anything about this.”Article contentArticle contentHe emphasized that the road is actually a private right of way, which doesn’t have the same obligations as a public road.Article contentMcInnis GroupArticle contentMelody McInnis, director of operations for McInnis Group, denies Banks’ claims about responsibility for the potholes and repairs on Minna Jane. The potholes on the northern section predate the two Chesapeake buildings, she said. So, the McInnis Group’s construction could not have been the cause of potholes, McInnis said in a Sept. 22 Guardian interview.Article content“When did they develop? I feel like they’ve been there forever.”Article contentThe company has spent thousands to patch up potholes, but these repairs are only temporary because more substantial work is needed. Part of this work would be improving it so the city could take over Minna Jane as a public road, relieving everyone else of the burden, she said.

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