The City of Kelowna has filed a civil suit against the developers of a property neighbouring the downtown fire hall at 1616 Water Street. 

Listed in the suit are Amega Limited Partnership, Orchard Park Properties Ltd., Geopacific Consultants, and two unidentified companies for the development of Water Street by the Park, 1660 Water Street. 

The suit states the developers received a building permit from the city in or around December 2022 with the conditions that "any owner of a property for which a permit is issued shall be responsible for the cost of repair and/or clean up of any damage to city works or property that occurs as a result of the work covered by the permit."

Since construction began, the city alleges that hydraulic fluid was sprayed on the fire hall in February 2023 staining and damaging the building. The fluid is cited as having come from a drilling rig used on the development with a failed seal. The city claims the fire hall sustained damage to the roof, contamination of the masonry bricks, staining on the cap flashings, wrought iron fence, staff parking and the laneway. 

At this time, the suit states the city demanded all work on the development that could further damage the fire hall be paused and issued a stop work order until the drilling rig was repaired. 

Construction on Water Street by the Park has continued into 2025. 

The city also alleges damage from ground settling due to excavation required for the high-rise development causing the interior and exterior of the fire hall to crack.

Claims of unreasonable interference with the use and enjoyment of the hall, constituting a private nuisance, were also made. 

The city alleges negligence from the developers, citing a failure to adequately plan, supervise and inspect construction activities, a failure to ensure equipment such as the drilling rig was in good working order, proceeding with construction despite knowledge of damage to the fire hall, a failing to retain skilled and competent workers and professionals, and a failing to ensure the development was designed and constructed with reasonable care, skill, and diligence as to not damage neighbouring properties. 

Against Geopacific alone, the city alleges a failure to review all applicable geotechnical industry standards, a failure to conduct reasonable inspections and reviews of construction activities to ensure all regulatory requirements were being met, a failure to ensure defects discovered during construction were corrected, and a failure to ensure the construction was sufficient to prevent excess inflow of groundwater and related settlement to the fire hall. 

Multiple allegations are also listed against the two unnamed companies mentioned in the city's suit. 

The City of Kelowna is seeking relief for general and special damages, costs, interest, and other relief deemed just by the court. 

The suit was filed on Jan. 20. The defendants have yet to file a response and none of the allegations have been proven in court.