The company that launched a $32-million lawsuit last fall against Mountain View County and two of its former councillors is appealing the court decision that dismissed the claim.
Neuroese Properties filed a lawsuit in August 2013 alleging the county, Paddy Munro and Kevin Good, acted in bad faith in passing an amended municipal development plan (MDP) that reduced permissible residential density from 240 lots per quarter.
The reduction derailed Neurosese's plans to construct a high-density residential development on five quarter sections east of Olds and north of Highway 27.
On July 22 the county and the other two defendants' application to have the lawsuit dismissed was granted.
Herb Styles of Style Realty Inc. -- one of four companies operating under the Neuroese name -- released a statement in which he said “while Neuroese is disappointed in this decision, we remain undeterred.”
Neuroese's legal counsel has been instructed to begin appeal proceedings.
“...and we are confident that, on appeal, the court will determine that Neuroese's claims are justified and direct this matter to trial for final determination,” the statement reads.
Plaintiffs in the case also include Abe Neufeld, 1273927 Alberta Ltd., and 404048 Alberta Ltd, which along with Style Realty Inc. form Neuroese.
Justice J.T. Prowse found that neither the county nor the councillors were negligent or fraudulent in their dealings with the developer.
“Liability will only flow to the county if the developers establish that the employees and councillors of the county acted in bad faith in making these policy decision, and if that bad faith conduct caused damage to the developers. There is no triable issue with respect to either of these ingredients of the developers' claim, and accordingly the developers' claim will be summarily dismissed,” the judge wrote in a memorandum of decision on the dismissal application on July 22.
"...while Neuroese is disappointed in this decision, we remain undeterred."Herb Stylesdeveloper
