A fight about the fate of West Vancouver's historic Binning House is being played out in B.C. Supreme Court this week.
Heritage advocates, the District of West Vancouver and the provincial government are among those seeking to stop the sale of the Binning House to the Wall Financial Group, headed up by developer Bruno Wall.
The former home of artist and architect B.C. Binning is regarded as the first example of West Coast modernism.
The Land Conservancy - which acquired the heritage home for protection in 2008 and has since been put under creditor protection - announced this fall it plans to sell the home for $1.6 million to help pay back $7.5 million it owes to creditors.
But a number of others appearing before Justice Shelley Fitzpatrick this week argued The Land Conservancy has no right to sell the house and pocket the proceeds.
Among those was the District of West Vancouver's lawyer Francesca Marzari who told the judge the municipality has a longstanding involvement in the preservation of the Binning House for the community and wants to see the heritage home remain accessible to the public.
The district has been in discussions with the West Coast Modern League, a group of heritage advocates headed by Binning scholar Adele Weder, about partnering with the municipality to manage the house for public benefit, said Marzari.
If The Land Conservancy can no longer maintain the property, "the district has indicated it is prepared to step in with another society," she said.
Also on hand to oppose the sale was lawyer Richard Butler, representing the provincial Attorney General.
The province is opposing the sale on the grounds it would contravene B.C.'s Charitable Purposes Preservation Act - intended to make sure assets donated for specific charitable purposes not be sold off.
The province has argued the Binning House should only be sold or transferred to an organization willing to take on its management for specific charitable purposes.
In court Monday, the lawyer for The Land Conservancy made it clear public access is not on offer from its prospective buyer, Wall Financial.
John Sandrelli told the judge Bruno Wall is knowledgeable about the historic significance of the house and has the money to make needed structural repairs. "Mr. Wall is the perfect person to deal with a very difficult situation," he said. But he added Wall has made it clear he wants free title to the property - without any legal obligations for public access.
Sandrelli said The Land Conservancy is sympathetic to those who don't want the house sold, but said the nonprofit has no other option.
The conservancy only has enough cash to last until mid-January, he said. "There are people asking for money. It has no alternative but to move forward with this sale."
Lawyers for the University of British Columbia told the judge Monday if the house is sold the money should go to UBC - not The Land Conservancy. Jessie Binning's will specified the proceeds should go to UBC if no group could be found to maintain the property, according to the lawyers.
Lawyer Amy Francis told the judge the way the Binning trustees transferred the house to The Land Conservancy - through an intermediary society only set up to satisfy the legal terms of the will - was improper.
Legal arguments in the case continue through to Friday.
Fitzpatrick indicated Monday she considers the matter urgent and wants to resolve it as "expeditiously" as possible.
