Mountain View County politicians are defending one of the plans at issue in a $32-million lawsuit against the county and two of its councillors.
On July 28 a statement of claim was filed with the Court of Queen's Bench on behalf of Neuroese Properties against the municipality, as well as against current Mountain View County councillors Paddy Munro and Kevin Good.
In the statement, the claimant contends that “acting in bad faith, the defendants used all power at their disposal, including procedural delay, the amendment and repeal of the municipal development plan, the amendment of the 2/27 area structure plan and the repeal of the concept approval bylaw to effect the dismantling of the Netook Crossing Project and to deliberately sabotage Neuroese's business, causing Neuroese extensive economic harm.”
Deputy Reeve Patricia McKean indicated that council will be vigorously defending its processes through the courts.
She said council remains of the view that the Municipal Development Plan reflects the overall vision of county ratepayers.
“Our council has always been committed to public examination and review of all of our plans and activities, and that is exactly what occurred in the process of building a new Municipal Development Plan for Mountain View County,” said McKean.
According to a statement from Mountain View County officials, the plan was developed and approved after a lengthy and thorough engagement process involving a variety of opportunities for the public to provide their input.
“We understand how some might not agree with the final outcome – it is their right under our free and democratic system,” she added.
Neuroese contends it relied upon Mountain View County's high density policies contained in the 2/27 Area Structure Plan and the Municipal Development Plan approved in 2007 in deciding to proceed with a substantial investment in the county.
A new Municipal Development Plan was approved and enacted in 2012 which lowered development densities from the previous Municipal Development Plan.
“We are being forced to deal with this situation through the courts,” said McKean, “and out of respect for that process it would be inappropriate to further discuss this matter in the public arena.”
Michele Sisson-Allison, whose family purchased land six years ago in the commercial area of Netook, is not surprised to see one of the major developers taking significant legal action.
“In fact, our family has had significant conversations about the potential of legal action as a next step. I can relate to the developer in this regard. While nobody, including ourselves, wants to go to court, we have waited patiently for six years for the county to live up to their commitment, but at some point you run out of patience and have to protect your investment,” said Sisson-Allison. “It is simply not right for any council to change the rules in the middle of the game.”
Sisson-Allison is the spokesperson for a group of concerned business people, neighbours and some investors who have loosely formed a group called Friends of Netook.
According to Sisson-Allison, there is a growing silent majority of people who see the benefits of Netook and are frustrated with Mountain View County council for allegedly reneging on its commitments, taking away the Netook opportunity and putting the county on the line for massive lawsuits.
According to a county statement, a legal response is being prepared. No schedule has yet been set to hear this matter before Alberta Court of Queen's Bench.
Neuroese is seeking $1,200,000 for compensatory damages, $28,750,000 for damages for loss of economic opportunity, and $2,365,000 for damages for delay.
