Syl'nor Realties Ltd. v. Dartmouth (City), (1975) 19 N.S.R.(2d) 254 (TD)

• Judge: Jones, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 17, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 19 N.S.R.(2d) 254 (TD)

Syl'nor Realties Ltd. v. Dartmouth (1975), 19 N.S.R.(2d) 254 (TD);

    24 A.P.R. 254

MLB headnote and full text

Syl'nor Realties Limited v. City of Dartmouth

Indexed As: Syl'nor Realties Ltd. v. Dartmouth (City)

Nova Scotia Supreme Court

Trial Division

Jones, J.

February 17, 1975.

Summary:

This case arose out of the expropriation of the applicant's land by the City of Dartmouth. The property consisted of 2.282 acres or 99,140 sq. ft., which was originally part of a larger lot purchased in 1959 for apartment development. The City expropriated the property in August, 1973. The applicant made a claim for compensation to the Nova Scotia Supreme Court, Trial Division.

The Trial Division allowed the application and assessed the value of the property for expropriation purposes at $55,000, finding that the highest and best use of the property was for apartment construction.

Expropriation - Topic 3001

Compensation awards - Undeveloped urban land suitable for apartment construction - The expropriated land consisted of 2.282 acres or 99,140 sq. ft., which was originally part of a larger lot purchased in 1959 for $10,000 for apartment development - Over the years the owner had various development schemes, but no specific proposal was ever made or rejected - The owner had a "for sale" sign on the property for 5 to 6 years - The property consisted of bedrock, which posed problems in installing services, and was subject to a telephone company right-of-way - Zoning was for multifamily residential construction - The best use of the lot was for apartment construction of a maximum of 90 units - The Nova Scotia Supreme Court, Trial Division, assessed the value of the land for compensation purposes at $55,000 or 55.4¢ per sq. ft.

Cases Noticed:

City of Halifax v. Bauditz (1971), 2 N.S.R.(2d) 680; 14 D.L.R.(3d) 257, appld. [para. 14].

POW Investments Ltd. v. Province of Nova Scotia (1973), 5 N.S.R.(2d) 121, appld. [para. 14].

Statutes Noticed:

Dartmouth City Charter, S.N.S. 1970, c. 89, sect. 403(1) [para. 13].

Counsel:

S. Bruce Outhouse and Willard Strug, for the applicant;

R.S. Huestis, Q.C., and Mary Cleyle, for the respondent.

This case was heard on January 21, 1975, at Halifax, Nova Scotia, before, JONES, J., of the Nova Scotia Supreme Court, Trial Division.

On February 17, 1975, JONES, J., delivered the following judgment: