| Case name: |
Robertson v. Alberta (Minister of Housing and Public Works) |
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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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Robertson, Alexander MacDonald |
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Plaintiff |
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Alberta (Minister of Housing and Public Works) |
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Defendant |
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| Before: |
Decision maker |
Designation |
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Cormack, John S. |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Trott, G. Edward |
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Plaintiff |
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Hnatiuk, Arthur P. |
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Defendant |
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| Decision: |
Application to court by the Claimant for determination of compensation pursuant to the Expropriation Act, S.A. 1974, c. 27. Full taking of land located in the City of Lethbridge. The land was required for a Provincial Court House. At the date of expropriation, the subject property was developed with an old two-storey warehouse occupied by an automotive muffler business. The property was under a long-term lease to a third party (Minute Muffler) which had four and one-half years left to run. The lease generated rent of $9,375 per year. It was held that the highest and best use for the property was commercial re-development and under that use the existing building did not contribute anything to the market value. Compensation was awarded for market value in the amount of $138,000. Leave was granted to apply for costs. |
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| ExLaw citation: |
[1980] EXLAW 15 |
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| Parallel citations: |
[1980] A.J. No. 844 |
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(1980) 36 A.R. 493 |
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1980 CarswellAlta 358 |
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(1980) 22 L.C.R. 33 |
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