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[Back] DECISION DIGEST  
Record no. 1523
Case name: Hartel Holdings Co. Ltd. v. Calgary (City)
Date: 1982-01-29
Jurisdiction: Canada - Alberta
Court: Court of Appeal
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Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Calgary (City)   Appellant
  Hartel Holdings Co. Ltd.   Respondent
Before: Decision maker Designation
Belzil, Roger Hector J.A.
  McClung, John Wesley J.A.
  Moir, Arnold Fraser J.A.
Lawyers: Name   Appearing for
  Inlow, Brand R.   Appellant
  Kvenshagen, D.O.   Appellant
  Dais, E.E.   Respondent
  McBain, R.T.G.   Respondent
Experts:  
Taking type: [Subscribers only]
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Case elements: [Subscribers only]
Decision: Appeal by the City of Calgary from a trial court order compelling Calgary to carry out an expropriation of certain land owned by the Respondent. The Respondent owned land that had been identified by Calgary as a future public park. The Respondent alleged that Calgary's actions had constructively expropriated the subject property and sought relief pursuant to the Planning Act, 1977, S.A. 1977, c. 89. It was held that Calgary's actions had not triggered the compulsory purchase provision found in s. 70 of the Planning Act. The appeal was allowed.
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Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
 
  Later
  [1984] EXLAW 11 S.C.C. 1984-05-03
Neutral citation: 1982 ABCA 10
ExLaw citation: [1982] EXLAW 19
Parallel citations: (1982) 12 A.C.W.S. (2d) 503
  [1982] A.J. No. 691
  (1982) 36 A.R. 76
  (1982) 18 Alta. L.R. (2d) 1
  (1982) 131 D.L.R. (3d) 723
  (1982) 17 M.P.L.R. 87
Reasons: [Subscribers only]
Digests contain original content produced by ExLaw and copyright in this content is held by Dicta Legal Services Ltd. (dba Expropriation Law Centre). Reasons for decision are the text of original decisions released by the court or tribunal and edited for accuracy where required. No copyright is claimed for these materials.
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