Case name: |
Alberta Giftwares Ltd. v. Calgary (City) |
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Jurisdiction: |
Canada - Alberta |
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Court: |
Land Compensation Board |
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Parties: |
Name |
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Appearing as |
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Alberta Giftwares Ltd. |
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Applicant |
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Calgary (City) |
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Respondent |
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Before: |
Decision maker |
Designation |
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Boyd, Kenneth J. |
Chairman |
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Faulknor, C.V. |
Member |
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Molaro, Julius C. |
Member |
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Lawyers: |
Name |
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Appearing for |
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Ghitter, Ron D. |
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Applicant |
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Abougoush, Adel A. |
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Respondent |
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Decision: |
Application by an owner to the Alberta Land Compensation Board for reconsideration of a previous application made pursuant to s. 127(9) of the Municipal Government Act, R.S.A. 1970, c. 246. The Respondent City of Calgary had expropriated part of the Applicant's leasehold interest in a parcel of land located in downtown Calgary. On the previous application the Board found that it was feasible for the Applicant to continue to operate its business from the remaining land based on a proposal by the Respondent and the application was dismissed. On the present application the Board found that the City's proposal to address certain access problems created by the expropriation were fraught with uncertainty. The application was granted and the Respondent was ordered to expropriate the remaining interest of the Applicant in the subject property. Costs were awarded to the Applicant. |
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ExLaw citation: |
[1979] EXLAW 20 |
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Parallel citations: |
(1979) 18 L.C.R. 149 |
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(1979) 8 R.P.R. 44 |
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