A Nova Scotia developer has received the suitable to take a land dispute with the Halifax Regional Municipality to court docket.
A 5-4 ruling Friday by the Supreme Court docket of Canada opens the door to a $119-million lawsuit launched by the Annapolis Group towards the town.
The dispute is over a 390-hectare block of land within the Blue Mountain-Birch Cove Lakes space, west of Halifax.
The Annapolis Group has been making an attempt for a number of years to develop the property, however the metropolis has refused to offer its approval. That prompted the corporate to launch its lawsuit in 2017.
Nonetheless, the town was profitable in persuading Nova Scotia courts to reject the lawsuit on grounds there was no sensible prospect of it succeeding.
The argument centred on whether or not, by refusing to allow improvement, the town had successfully expropriated the land. Legal professionals for the town had argued that it didn’t acquire something from its improvement determination so it couldn’t be thought of an expropriation.
The corporate had countered by saying that the town was denying Annapolis Group the complete use of its land whereas it thought of whether or not to place a park within the space.
“This disputed reality is materials as a result of, if confirmed, it could arguably assist Annapolis’ declare that it has misplaced all affordable makes use of of its property,” the Supreme Court docket famous in its determination.
“This would go away Annapolis to shoulder the burden of holding the Lands as a public park indefinitely, whereas Halifax enjoys the benefit of getting the Lands reserved for its personal functions with out having to pay compensation.”
Robert Gillis, firm vice-chair, applauded the ruling.
“We look ahead to the trial of our declare, which will probably be targeted on HRM’s frustration of this important residential improvement in a housing market the place enough provide is just not out there,” Gillis mentioned in an announcement.
HRM issued an announcement on the choice later Friday.
“Whereas dissatisfied with the Court docket’s cut up determination right this moment, the municipality’s place that Annapolis Group has no affordable chance of success at trial has not modified,” mentioned spokesperson Ryan Nearing.