Confirmation of a looming legal challenge came just a day after the Dunedin City Council requested tenders for the Albany Street Connection project.
Property owner Phillip Day said yesterday the council was being sent a letter, asking it "not to proceed any further, because a legal challenge is being prepared".
Mr Day said another letter would be sent to the Office of the Auditor-General regarding the council’s consultation and the legality of Cr Jim O’Malley’s participation in an 8-7 vote last month that seemed to get the project back on track after it had stalled.
Cr O’Malley had earlier criticised people who made submissions about proposed parking changes and in August he received legal advice strongly recommending he sit back from voting.
He did not vote on the issue in August, but did so last month, when the matter was revisited.
The council released the tender on Tuesday, a few days before the election.
Its indicative timeline was for tenders to close on November 5 and a contract to be potentially awarded on December 1.
"The timing has been rushed, well knowing that an upcoming election could change the vote again," Mr Day said.
The cycleway was not really the issue, he said.
"It’s just the process they’ve put us through."
Council transport group manager Jeanine Benson said the council was not aware of any legal challenges related to the project, but going to tender was "not an irreversible action".
"It’s simply the next step in the public procurement process," Ms Benson said.
The project was ready to proceed months ago, subject to council approval.
"The timeframes have been signalled previously and the timing of our tender process is consistent with this."
The council had described the project as providing a safe walking and cycling connection between the harbour shared path Te Aka Ōtākou and Dunedin's tertiary education area and central city.
In its tender overview, the council said it wanted to "partner with a supplier to construct a cycleway on Albany St, including making improvements to intersections and installing lane separators to provide a safe on-road cycleway".
"To create efficiencies and minimise future disruption, this contract also includes the resurfacing of Albany St."
Retiring councillor David Benson-Pope said staff were progressing a "really good decision" by the council, which would support the University of Otago.
He doubted a legal challenge would be in anyone’s best interest.
The Otago Daily Times asked several council candidates what they made of the tender’s release.
Dunedin Mayor Jules Radich said it was appropriate given the council’s decision last month to move ahead with the project.
"The timing is a wake-up call to residents who want to retain carparks, but haven’t bothered to vote yet," he said.
"I suggest that residents get out and vote for candidates who they know or expect will keep carparks."
Cr Carmen Houlahan said she had heard a legal challenge could be possible.
"You do wonder if [the project’s] being pushed through so we can’t change it."
Spokes Dunedin spokeswoman and candidate Heike Cebulla-Elder said the group was pleased the council was moving forward on the project.
Cr Lee Vandervis said the project would be "high on the list of unaffordable DCC decisions to be reversed by a more rational incoming council".
"Good to see that DCC staff can action an almost-hung pre-election DCC decision quickly when they want to, remembering that they took two years to not action my unanimously voted-for [2017] motion to report on the pros and cons of a unitary council."
