By AMY PUGSLEY FRASER / City Hall Reporter

A developer with plans for an 870-unit housing complex in Spryfield wants $10,000 from a local group that continues to oppose its project.

The Williams Lake Conservation Co. is fighting the order for security costs made by Kimberly-Lloyd Developments Ltd.

Justice Joel Fichaud reserved his decision when both sides appeared before the Nova Scotia Court of Appeal on Thursday.

The developer's lawyer acknowledged to Justice Fichaud that the application for security costs is unique.

Michael Wood said the conservation company has tried on four occasions to stop the development, which would bring 2,700 people to the area in the next 20 years.

"They've had their kick at it many times unsuccessfully," he said.

The court and utility board challenges have delayed the project to the detriment of the developer but never to any financial hardship for the residents group, he said.

"Where does the risk . . . lie?" he asked.

"Just because it's a public interest group doesn't mean it has a free ride forever."

If there are court costs at the end of one of two current legal challenges, there's no guarantee that the group - which has $6,000 in its bank account - can pay it, he said.

"When you have an organization willing to exercise these options . . . they need to be held accountable," Mr. Wood said.

He said the conservation company should raise the $10,000 security costs by "passing the hat" among its executive members.

"I understand that the members . . . have significant assets," he said, noting the high assessed value of their homes.

Conservation group lawyer Kathleen Hall said the members took issue with Kimberly-Lloyd accessing assessment information on their residences.

"The directors were extremely intimidated by that," she said.

Ms. Hall said the Utility and Review Board doesn't assess costs.

"That's part of the underlying reason why the body exists," she said, noting that the legislators who set it up did so on purpose. "If we went down that road, no public interest group would take part."

Ms. Hall said the group's appeals have merit and it has been working hard to mount each one with minimal costs. It continues to pursue the developer each step of the way because it is committed to the environment, she said.

"We can't say to our children that we threw in the towel," she told Justice Fichaud.

The group has tried to settle with Kimberly-Lloyd, she said, noting the developer won't talk until the group drops its appeals. "How can we retain bargaining power if we have to file to dismiss?" she said.

The conservation company is now appealing a Chebucto community council decision to unanimously approve the 870-unit housing development for the area.

In January, the five regional councillors on community council voted in favour of Kimberly-Lloyd's proposal to build 542 single-family homes, 116 semi-detached homes, 68 townhouses and three apartment buildings in the area between Colpitt Lake and MacIntosh Run over the next 20 years.

Dates for the hearings before the review board have yet to be scheduled.

The conservation company is also pursuing another appeal.

Back in March 2003, the same community council approved a zoning change for the parcel of land. The change paved the way for the development agreement to be processed.

The group is appealing the review board's upholding of that decision.