BEACONSFIELD, QC, March 11, 2019 /CNW/ - In a decision rendered unanimously by three judges, the Québec Court of Appeal confirmed that the City had respected the procedures for the protection of Angell Woods.
Judges Geneviève Marcotte, Mark Schrager and Clément Samson, of the highest court in Québec, thereby ruled against Yale Properties Ltd. with regard to claims targeting acquired rights, the City's good faith and the protection of Angell Woods.
The three magistrates confirm the correctness of the City's actions at all levels as well as the validity of the original judgment rendered two years ago. The latter upheld the legality of the Interim Control By-law put in place for Angell Woods, the absence of acquired rights for Yale Properties Ltd., and the pertinence of the preservation of the natural forest and its wetlands.
"I am very satisfied with this decision of the highest instance. It confirms that the City acts in the best interests of its citizens. For us, respecting procedures, laws and regulations is an essential part of how we conduct ourselves, and we are proud of it," said Mayor Georges Bourelle in reaction to the unanimous verdict.
The company who owns a major part of Angell Woods claimed to be victim of disguised expropriation, and argued that the Municipal Council had acted inappropriately and that the owner had the right to build houses on his entire property in Angell Woods.
In 2017, the Superior Court rejected all claims. The Court of Appeal of Québec has just upheld the initial ruling.
"I congratulate the administration and the Municipal Council for the rigour applied in the case for the protection of Angell Woods that has been ongoing for years. I am also proud of the determination with which we all pursued the protection of the environment for the benefit of current and future generations. Together, we have succeeded in preserving the majority of Angell Woods as a protected natural forest", concluded Mayor Bourelle.
SOURCE City of Beaconsfield
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