The owner of a multi-million-dollar West Vancouver mansion has filed a lawsuit asking the courts to shut down a neighbourhood fruit and vegetable stand, arguing the business shouldn't be allowed near his luxury home.
Paul Marshall, owner of a 7,400-square-foot home at 3133 Dickinson Crescent, wants a judge to declare the permit that allows Brian's Fruit Stand to operate illegal, arguing commercial businesses shouldn't be allowed in the tony West Bay neighbourhood.
Marshall -- who has listed the five-bedroom, six-bathroom home for $6.5 million -- also claims the fruit and vegetable stand is driving away potential buyers of the property.
Several prospective purchasers have told real estate agents they would be interested in buying the house, but "only if they are assured that the fruit and vegetable stand will not continue to operate at its present location, or in the neighbourhood," according to the lawsuit.
Brian Latta, who has operated the summer fruit stand on Dickinson Crescent for the past seven years, calls the lawsuit "a little bit misguided" saying Marshall is trying to blame his operation because he can't sell the house for the price he wants.
Latta added his fruit stand was in the neighbourhood before Marshall bought the property in 2005 -- and before that, others operated a fruit stand in the same location.
"There's been a fruit stand here for 25 years," he said, adding Marshall has even bought fruit from him in the past.
"Everyone here knows my fruit stand," he said. "It's really a part of the community."
Latta said he has to renew his permit for the seasonal business -- which operates for about three months a year -- with the District of West Vancouver annually.
The vendor drives out to Fraser Valley farms early every morning to buy fresh-picked produce, then returns to the stand to begin sales by 11 a.m.
Customers who want local produce have kept the business going, which provides most of Latta's livelihood for the year, he said.
"I'm not getting rich out of it, but I love doing it."
Latta said when the fruit stand isn't operating, the municipality often uses the right-of-way as a staging area for public works vehicles. "There will often be diggers and tractors moving in and out of that area," he said.
Commercial film crews also use the right of way, he said, which is close to both the railroad tracks and a major roadway.
Bob Sokol, director of planning for the District of West Vancouver, said the municipality stands behind the decision to give a permit to the fruit stand.
Although the neighbourhood is residentially zoned, the bylaw specifically exempts municipal streets, lanes and right-of-ways, said Sokol. Similar permits are issued allowing local farmers' markets to operate, he added.
While there have been a few complaints about traffic and parking issues, "in general (the fruit stand) is well supported by the community," he said.
Latta said the reaction from his customers to the lawsuit has ranged from anger to laughter. "A lot of people can't believe it," he said.
Neither Marshall nor his lawyer Kevin Woodall was available for comment prior to press time.
