| Case name: |
McDonough v. Calgary (City) |
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| Jurisdiction: |
Canada - Alberta |
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| Court: |
Land Compensation Board |
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| Parties: |
Name |
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Appearing as |
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McDonough, Jill |
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Claimant |
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McDonough, Michael |
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Claimant |
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Calgary (City) |
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Authority |
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| Before: |
Decision maker |
Designation |
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Logan, John Edward |
Member |
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Sinclair-Santos, Karen |
Member |
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Wildeman, Lorne William |
Member |
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| Lawyers: |
Name |
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Appearing for |
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Steele, R. Craig |
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Claimant |
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Gaschler, George John |
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Authority |
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| Experts: |
Name |
Occupation |
Appearing for |
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Massey, Anita B. |
Appraiser |
Claimant |
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Barlow, Glen J. |
Appraiser |
Authority |
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| Decision: |
Application by the Claimants to the Alberta Land Compensation Board for determination of compensation pursuant to the Expropriation Act, R.S.A. 2000, c. E-13. Full taking of a property located in the City of Calgary. The subject property was the Claimants' personal residence. The land was taken for purposes of the Glenmore Trail highway improvement project. Following the taking the Claimants purchased a replacement property at a price of $632,000. Claims were made for the market value of the land taken, the additional cost to purchase the replacement property and disturbance damages for the costs associated with relocation including moving, storage and temporary accommodation. Prior to the hearing, the Authority made a proposed payment of $550,000. The Board awarded $576,000 for market value of the land taken, $56,000 for the additional cost to purchase the replacement property, an occupier's allowance of $28,800 and $18,830.52 in other disturbance damages. The award totalled $678,830.52. Leave was granted to make further submissions pertaining to interest and costs. |
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Later |
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| ExLaw citation: |
[2007] EXLAW 8 |
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| Parallel citations: |
2007 Can LII 81689 |
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(2007) 92 L.C.R. 136 |
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