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[Back] DECISION DIGEST  
Record no. 1712
Case name: Alberta Giftwares Ltd. v. Calgary (City)
Date: 1979-04-27
Jurisdiction: Canada - Alberta
Court: Land Compensation Board
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Court file: [Subscribers only]
Order no.: [Subscribers only]
Parties: Name   Appearing as
  Alberta Giftwares Ltd.   Applicant
  Calgary (City)   Respondent
Before: Decision maker Designation
Boyd, Kenneth J. Chairman
  Faulknor, C.V. Member
  Molaro, Julius C. Member
Lawyers: Name   Appearing for
  Ghitter, Ron D.   Applicant
  Abougoush, Adel A.   Respondent
Experts:  
Taking type: [Subscribers only]
Valuation date: [Subscribers only]
Case elements: [Subscribers only]
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.
Comment: [Subscribers only]
Statute references: [Subscribers only]
Case references: [Subscribers only]
Related decisions:      
  Earlier
  [1978] EXLAW 25 Alta. L.C.B. 1978-09-21
  [1979] EXLAW 21 Alta. S.C.A.D. 1979-04-12
  Later
  [1979] EXLAW 22 Alta. Q.B. 1979-08-23
  [1979] EXLAW 23 Alta. C.A. 1979-10-17
Neutral citation: N/A
ExLaw citation: [1979] EXLAW 20
Parallel citations: (1979) 18 L.C.R. 149
  (1979) 8 R.P.R. 44
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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Page last updated: April 21, 2024