Annapolis Group began acquiring several hundred acres of vacant land in the 1950s with the ultimate intention of future development. Brandon Kain, Jonathan Nehmetallah, Adriana Forest, Lauren Weaver of McCarthy TetraultHalifax implemented a municipal planning strategy in 2006 that reserved part of the Annapolis land as a park while zoning another portion for future urban development. The public was encouraged by Halifax to use the lands for various outdoor activities in the meantime.
In response to Halifax’s refusal to initiate development discussions in 2017, Annapolis sued, claiming this constituted the constructive taking of its property.Annapolis’ position, writing that in effect, “Halifax was exercising dominion over its lands by encouraging members of the public to utilize the lands as a park, and had an ulterior motive to refuse the secondary planning process.”
“In other words, beneficial interest means ‘the effect of a regulatory measure on the landowner, and not with whether a proprietary interest was actually acquired by the government.’ In that sense, the Court of Appeal erred in requiring Annapolis to show that Halifax actually acquired its lands.”
Source: Law Daily Report (lawdailyreport.net)
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