| Case name: |
19354 Yukon Inc. v. Calgary (City) |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Court of Queen's Bench |
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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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Nation, Rosemary E. |
J. |
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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: |
Application to court by a property owner for determination of a legal issue arising from the Municipal Government Act, R.S.A. 2000, c. M-26. The owner applied to the City of Calgary for subdivision approval. The City required dedication of land and payment of cash in lieu of additional land as a condition of the approval. A question arose as to the proper formula for valuation of the cash to be paid in lieu of dedication of a 7.28 ac. portion of the 361.34 ac. parent parcel. It was held that the valuation process should not be treated as if it were an expropriation. The value was to be determined by dividing the fair market value of the entire parcel by the net acreage after deduction of the land that was designated as Environmental Reserve or otherwise not available for development. |
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| Neutral citation: |
2004 ABQB 540 |
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| ExLaw citation: |
[2004] EXLAW 18 |
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| Parallel citations: |
(2004) 133 A.C.W.S. (3d) 355 |
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[2004] A.J. No. 926 |
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(2004) 366 A.R. 392 |
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(2004) 38 Alta. L.R. (4th) 66 |
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(2004) 84 L.C.R. 25 |
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(2004) 50 M.P.L.R. (3d) 245 |
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