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Cohen Highley LLP

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Ingham v. Creston off to appeal again
November 23, 2000

The British Columbia Court of Appeal has granted leave to appeal a recent decision of the B.C. Expropriation Compensation Board in the long-running expropriation case known as Ingham v. Creston (Town). The owners are appealing the Board's July 28, 2000 award, reported as [2000] EXLAW 323. That award had granted compensation for injurious affection caused by a partial taking of land for a street widening project. The award was the result of a reconsidered hearing by the Board which became necessary after an earlier appeal decision.

The appellant property owners were represented by Reinhard Burke, of Burke Frame, located in Chase, B.C. Bruce Melville, of Peterson Stark Scott, located in Vancouver, B.C., acted for the Town of Creston. Madam Justice Newbury heard the case earlier today.

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