Furnival v. Calgary (City) and Nu-West Development Corp., (1979) 18 A.R. 67 (CA)

• Judge: McDermid, Laycraft and Harradence, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: August 07, 1979
• Citations: (1979), 18 A.R. 67 (CA)

Furnival v. Calgary (1979), 18 A.R. 67 (CA)

MLB headnote and full text

Furnival v. City of Calgary and Nu-West Development Corp. Ltd.

Indexed As: Furnival v. Calgary (City) and Nu-West Development Corp.

Alberta Court of Appeal

McDermid, Laycraft and Harradence, JJ.A.

August 7, 1979.

Summary:

This case arose out of an application for a development permit to the Calgary Planning Commission. The applicant proposed to develop a 23 unit detached condominium on one lot of land. The Calgary Planning Commission dismissed the application. The developer appealed to the Calgary Development Appeal Board.

The Calgary Development Appeal Board allowed the appeal and ordered that a development permit be issued for the development. An owner of land close to the proposed development appealed to the Alberta Court of Appeal.

The Alberta Court of Appeal allowed the appeal and vacated the development permit because the Development Appeal Board lacked the authority to issue the development permit.

Land Regulation - Topic 3209

Development or building permit - Authority or jurisdiction to issue a building permit - S. 76(1) of the Alberta Planning Act prohibited the construction of "more than one dwelling unit on a lot" - The Calgary Development Appeal Board issued a development permit to a developer for a 23 unit detached condominium to be built on one lot of land - The Alberta Court of Appeal set aside or vacated the building permit because the proposed development was prohibited by s. 76(1) of the Planning Act and because the developer failed to acquire an exemption from the Alberta Planning Commission.

Statutes Noticed:

Planning Act, S.A. 1977, c. 89, sect. 36 [para. 16]; sect. 76(1) [para. 5].

Condominium Property Act, R.S.A. 1970, c. 62, sect. 8 [para. 12].

Counsel:

N.C. Wittmann, for the appellant;

Brand R. Inlow, for the City of Calgary;

A.H. Trawick, for Nu-West Development Corp. Ltd.

This appeal was heard by McDERMID, LAYCRAFT and HARRADENCE, JJ.A., of the Alberta Court of Appeal.

The judgment of the Alberta Court of Appeal was delivered by McDERMID, J.A., at Calgary, Alberta on August 7, 1979.