Case name: |
Hartel Holdings Co. Ltd. v. Calgary (City) |
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Jurisdiction: |
Canada - Alberta |
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Parties: |
Name |
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Appearing as |
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Calgary (City) |
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Appellant |
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Hartel Holdings Co. Ltd. |
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Respondent |
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Before: |
Decision maker |
Designation |
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Belzil, Roger Hector |
J.A. |
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McClung, John Wesley |
J.A. |
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Moir, Arnold Fraser |
J.A. |
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Lawyers: |
Name |
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Appearing for |
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Inlow, Brand R. |
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Appellant |
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Kvenshagen, D.O. |
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Appellant |
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Dais, E.E. |
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Respondent |
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McBain, R.T.G. |
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Respondent |
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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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Neutral citation: |
1982 ABCA 10 |
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ExLaw citation: |
[1982] EXLAW 19 |
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Parallel citations: |
(1982) 12 A.C.W.S. (2d) 503 |
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[1982] A.J. No. 691 |
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(1982) 36 A.R. 76 |
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(1982) 18 Alta. L.R. (2d) 1 |
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(1982) 131 D.L.R. (3d) 723 |
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(1982) 17 M.P.L.R. 87 |
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