City staff are calling a McLean Lake petition invalid, following a legal review.

Petition proponent Marianne Darragh said Wednesday she received word from the city Tuesday evening that the questions she is raising in her petition to make an area around McLean Lake a protected park zone are invalid.

"I think it's premature, but it wasn't unexpected," she said of the city's verdict.

Darragh's petition asks residents if they would support a motion to designate a 500-metre area around McLean Lake as Park Reserve under the Official Community Plan (OCP).

The designation would prevent any activity in the area, save for some recreational uses.

She said that as far as she knows, all she has to do is collect the requisite 2,000 signatures in support of her position, and the Municipal Act directs the city to hold a referendum on the question.

Her lawyer, Zeb Brown, has also assured her she is within her legal rights as a Whitehorse citizen to pursue the matter.

Robert Fendrick, the city's director of administrative services, said as far as the city is concerned, there is no petition.

"It would circumvent the OCP and bylaw processes," he told the Star Wednesday.

"It takes away council's due process and public input."

Fendrick said Darragh could indeed challenge the city lawyer's findings, from the firm of Lackowicz, Shier & Hoffman.

The OCP re-designation would infringe upon the rights of the area's landowners, which include private individuals and the Yukon government.

In legal language, the city's position is expressed as such:

"By attempting to force the city of Whitehorse to proceed with a land acquisition for a McLean Lake Park without due consideration and deliberation, council would be prevented from satisfying its legislative responsibilities, thus rendering any action by the city to acquire such lands invalid."

Darragh told the Star she continues to collect signatures and will present them to the city and await a referendum to be called.

"If they present the petition, the legislation allows me to challenge that in court," said Fendrick.

That means if Darragh presents the city with a petition in favour of re-designating the McLean Lake area, the city does not have to act upon it by organizing a referendum.

"Those are his allegations; it's not the gospel truth," said Darrah.

"It's premature in saying it's invalid.

I can't understand where it's coming from."

Darragh said if this is the end of the road, which she is not convinced of, she will let the issue go – for now.

"In the long run, there's still time," she said