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Trial starts in legal battle over logging trucks

A B.C. Supreme Court civil trial began Monday over whether two Prince George property owners are legally permitted to store and repair their logging trucks on a residential property.

A B.C. Supreme Court civil trial began Monday over whether two Prince George property owners are legally permitted to store and repair their logging trucks on a residential property.

The city claims the use at 2957 and 2971 Andres Road, in the Peden Hill area, contravenes zoning for the property.

But the property's owners, John Christenson and Donna Waldner, maintain city officials had advised Christenson the use is allowed and the lots were purchased on that basis - the first in 1984 and the second in 2004.

However, during an opening statement Monday, city lawyer Mitch Hogue said no such advice was given and the two are acting contrary to advice from their own legal counsel

Four witnesses were scheduled to be called over two days of testimony.

On Monday, a city bylaw officer went over photos and video he took beginning in mid-January 2011 and continuing up to as recently as August 28 showing as many as four semi-trucks with trailers parked on the property and mechanics working on the units.

The court also heard from the city's current planning supervisor Pam Hext. A eighbour who lodged complaints about the use with the city's bylaw enforcement unit and a bylaw officer who dealt with the matter previous to 2011 are also scheduled to testify.

The City is seeking court orders requiring Christenson to cease those activities.

Justice Ron Tindale is hearing the matter.