Judge tosses legal challenge against Cabot Links, clears way for condos

A legal challenge against Cape Breton's Cabot Links golf resort aimed at blocking the construction of luxury beach front condos has failed.

Local activist and filmmaker Neal Livingston sought to have a 2.62-hectare Inverness property declared as dedicated for public use due to its historical use by the community.

Lawyers for the golf resort -- which has received almost $17 million in government loans -- opposed the application, saying it purchased the land in good faith from a private landowner.

A Nova Scotia Supreme Court judge agreed with the company, saying there is no evidence of an intent to dedicate the property to public use.

In a decision released Tuesday, Justice Patrick Murray says the recreational use of the beach does not support the conclusion that it was dedicated to the public.

Instead, he says there was a "tolerance extended" by previous landowners towards visitors of the beach.