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Recent Cases May 28, 2021

Success in a Disguised Expropriation Case

An owner of lots located within the town of Lorraine recently won a case against the City of Lorraine over a zoning by-law amendment.

The zoning by-law in force at the time of the signing of the option to purchase the lots at issue authorized residential uses. However, shortly thereafter, the City of Lorraine changed the zoning to one of “conservation” use, which prevented any kind of development on the lot. Several years later, while discussions between the developer and the City were still underway regarding residential development in the area, the City issued a reserve for public purposes notice on the lots to “freeze” them for a possible expropriation. When the reserve notice expired, the City decided not to expropriate the land but instead to maintain its “conservation” zoning, thereby preventing any development from occurring, but without compensating the owner. As a result, the owner took the appropriate measures to have the City of Lorraine found to have disguisedly expropriated him without compensation.

BCF is proud to have acted on behalf of the owner of the lots and to have asserted his rights so that he could claim fair compensation, with a team consisting of Isabelle LandryJean-François Dagenais and Émilie Leblanc. Our team will soon proceed to the Superior Court to determine the value of the damages.

Click here for the judgment.

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