A COURT decision in favour of Redlands canal residents has been criticised, with the community staring down the barrel of a rates rise.
Residents won a Supreme Court action against Redland City Council for the return of money paid as a canal maintenance levy.
Raby Bay Ratepayers Association secretary Tony Lovett said the case was an opportunistic move by lawyers and residents.
The association had been against the class action from the beginning, holding meetings dating back to 2018 urging canal and lakeside residents to formally opt-out.
Some 652 people are believed to have withdrawn, but it is understood about 1500 canal and lakefront owners from Raby Bay, Aquatic Paradise and Sovereign Waters were represented in the class action.
Mr Lovett said all Redlands ratepayers were to bear the burden, with council flagging last week that the rest of the community would have to pick up the bill.
"We have never been happy with the case from the time it started," he said.
"It is opportunistic on the part of the lawyers who promoted it and opportunistic on the part of those who decided to be part of the case."
Council chief executive Andrew Chesterman said council was looking at appeal options, with the sum it would need to pay residents still to be determined.
"There is also now the question of equity and fairness for those canal and lakefront ratepayers who formally opted out of the class action, many because they believed it was intrinsically unreasonable," he said.
More than $8 million was returned to canal and lakefront ratepayers after council found that, due to a technical glitch, its special charge was not compliant with legislation.
The charges had been levied over about five years for dredging, maintenance and repairs at canal and lake estates. The court accepted council had performed the works funded by the charges.
Mr Lovett believed the court decision was not fair as council's refund ensured canal ratepayers generally were not impacted.
"The big difference with this case to other cases is that we are dealing with ourselves," he said.
"I am a ratepayer, so if I need to sue the council, I am in effect suing myself. If I win, my neighbours and fellow citizens will lose.
"No one at council will suffer in any way unless they are ratepayers."
Shine Lawyers counsel Tristan Gaven said the case had been about accountability and council doing the right thing by ratepayers.
"We brought this action years ago, to ensure ratepayers' money is back in ratepayers' pockets," he said.
"This win is a testament to people power and what standing up for what you're owed can achieve."
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