| Case name: |
Hartel Holdings Co. Ltd. v. Calgary (City) |
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| Jurisdiction: |
Canada - Federal |
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| Court: |
Supreme Court of Canada |
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| Parties: |
Name |
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Appearing as |
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Hartel Holdings Co. Ltd. |
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Appellant |
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Calgary (City) |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Chouinard, Julien |
J. |
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Estey, Willard Zebedee |
J. |
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McIntyre, William Rogers |
J. |
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Ritchie, Roland Almon |
J. |
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Wilson, Bertha |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Crane, Brian A. |
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Appellant |
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Dais, E.E. |
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Appellant |
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Abougoush, Adel A. |
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Respondent |
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Inlow, Brand R. |
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Respondent |
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| Decision: |
Appeal by a property owner from a judgment of the Court of Appeal setting aside a trial court order requiring the Respondent to expropriate the Appellant's property. The Plaintiff had been planning to develop the subject property for residential purposes since 1971. This use would have required a zoning change. However the Respondent had identified the property as future park land in a statutory plan. The Respondent was unwilling to purchase the subject property and had passed a resolution freezing any zoning changes. The Appellant alleged that the Respondent had effectively confiscated the value of the subject property. The Court found that the Respondent had the power to act in this manner pursuant to the Planning Act, 1977, S.A. 1977, c. 89. The appeal was dismissed. |
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| ExLaw citation: |
[1984] EXLAW 11 |
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| Parallel citations: |
(1984) 25 A.C.W.S. (2d) 348 |
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(1984) 53 A.R. 175 |
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(1984) 8 Admin. L.R. 231 |
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(1984) 31 Alta. L.R. (2d) 97 |
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(1984) 8 D.L.R. (4th) 321 |
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(1984) 25 M.P.L.R. 245 |
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(1984) 53 N.R. 149 |
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[1984] S.C.J. No. 17 |
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[1984] 1 S.C.R. 337 |
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[1984] 4 W.W.R. 193 |
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