| Case name: |
19354 Yukon Inc. 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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19354 Yukon Inc. |
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Claimant |
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Calgary (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Cote, Jean E.L. |
J.A. |
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McMahon, Terrence F. |
J. |
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Picard, Ellen I. |
J.A. |
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| Lawyers: |
Name |
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Appearing for |
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Yorke-Slader, Blair C. |
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Claimant |
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Olsen, Lise O. |
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Authority |
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| Decision: |
Appeal by the Claimant from a trial court decision respecting the money to be paid in lieu of land taken pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26. The Claimant is a land developer who had sought approval for subdivision of a large parcel located within the City of Calgary. The parties had agreed that a cash payment in lieu of the dedication of a 7.28 acre portion of the land would be made. However, the parties could not agree on the formula to be applied to determine the amount of the cash payment. At trial, it was held that the amount should be determined by dividing the market value of the parent parcel by the net area after deduction of designated Environmental Reserve lands and other land not available for development. On the appeal, it was held that the Act requires the applicant to obtain a market value appraisal of the net area of land available for development. No cost award was made. |
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| Neutral citation: |
2006 ABCA 54 |
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| ExLaw citation: |
[2006] EXLAW 5 |
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| Parallel citations: |
(2006) 148 A.C.W.S. (3d) 1003 |
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[2006] A.J. No. 176 |
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(2006) 380 A.R. 145 |
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(2006) 58 Alta. L.R. (4th) 207 |
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(2006) 263 D.L.R. (4th) 104 |
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(2006) 88 L.C.R. 183 |
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(2006) 22 M.P.L.R. (4th) 32 |
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(2006) 363 W.A.C. 145 |
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