Lawyers for Langley Township have responded to a petition that was trying to force MLA Misty vanPopta out of her role on council, alleging a conflict of interest.

VanPopta's was elected as a Township councillor in 2022 and a B.C. Conservative MLA for Langley-Walnut Grove in the October 2024 election. While running, she had said she planned to continue serving in both elected roles until her council term ends in 2026.

Earlier this year, , claiming that vanPopta is in a conflict of interest, and asking the judge to disqualify her from her Township position.

It's legal in B.C. to hold elected office at more than one level of government, but the Sharp petition said that vanPopta's conflict of interest comes from a Dec. 16, 2024 vote that allowed her to attend some Township council meetings remotely. The petition alleges that this allowed vanPopta to collect her $119,000 in provincial MLA salary, which it claimed was a financial benefit due arising from the conflict.

The response filed in March by the Township's lawyers argues that the petitioners don't have a case, as well as alleging that some of them didn't actually sign on to the legal action.

"At least three petitioners did not consent to being a petitioner on this proceeding," the response alleges.

It says that on March 14, one petitioner emailed a senior staff member at the Township to indicate that she, her brother, and sister-in-law "did not put our names on the petition but were rather included by my elderly parents as a favour to someone."

At least 10 names are required on petitions to the court when residents raise a conflict of interest challenge, and if proven, this allegation would reduce the number of signatures to nine.

The response also focuses on the central allegation of conflict of interest, and takes aim at the vote to allow vanPopta to attend meetings remotely.

"At most they facilitated the respondent's [vanPopta's] continued participating as a councillor, to continue to receive her remuneration as such," the response said. "However, matters relating to council remuneration are expressly exempt from the conflict of interest and disqualification regime, under s. 104(1) of the Charter."

The argument references the Community Charter which governs how local governments in B.C. operate.

None of the claims in either the petition or vanPopta's response have been tested in court.

Sharp told the Langley Advance Times that she had some help with the signatures on the original petition.

"I wasn't directly involved with some of the signatures," she said.

Sharp said she would be filing an amendment with more signatures.

The former City of North Vancouver mayor is self-represented in the petition case, and said she knows from personal time on a council about conflict of interest.

"It's frustrating," vanPopta said of the situation. "The Township's response speaks for itself."

She said she can't speak to the legal issues, but assumes the petition would be disqualified based on the signatures issue.

The next step is a response from Sharp, she noted.