Thursday, February 14, 2008

Peter Gauvin Case ? Caldwell& Goodwin

> Date: Sun, 10 Feb 2008 22:54:44 -0400
> To: injusticecoalition@hotmail.com
> From: canada.com
> Subject: Peter Gauvin Case
>
> Richard,
>
> The following is a article which appeared in the Moncton paper re this case:
>
> Family, Dieppe in court over land deal City expropriated land;
> family argues it was worth more than municipality offered,
>
> By Craig Babstock
> Times & Transcript Staff
> Published Wednesday January 23rd, 2008
> Appeared on page A4
>
> A family that had its land expropriated by the City of Dieppe
> several years ago is suing the municipality for approximately
> $2 million.
>
> The three-week civil trial is currently in its second week in
> Moncton's Court of Queen's Bench, with Justice Stephen McNally
> presiding over the case. The plaintiff is Peter Gauvin,
> executor of the estate of his deceased mother Mary Estella Gauvin.
>
> The Gauvins owned a piece of property on the southeast corner
> of the Dieppe Boulevard-Champlain Street intersection near
> the airport. It was approximately 12 acres in size.
>
> In 2001, the city expropriated the land and offered the owner
> between $400,000 and $500,000. The Gauvins, believing the
> property to be much more valuable than that, later launched
> a lawsuit that has taken years to finally come to trial.
>
> That land has since been developed and is now the site of an
> office building, a Super 8 Motel and a Cora's restaurant.
>
> The case is scheduled for three weeks and the plaintiff is
> still calling witnesses and presenting evidence to prove its
> case against the city. Yesterday, the court heard a land
> appraiser hired by the Gauvin family testify the property
> had a market value of more than $2 million, after development
> costs were subtracted.
>
> The court also heard that prior to expropriation, the Gauvins
> were planning on developing the site themselves and had been
> developing plans for a hotel, gas bar, convenience store and
> restaurant, along with a residential component.
>
> Dieppe Mayor Achille Maillet said yesterday he's aware of the
> lawsuit, if not the specific details of what's happening in
> court. He said a couple of city staff members are attending
> the proceedings on behalf of the city.
>
> "Other than that, I can't comment because it's before the
> court," said the mayor.
>
> The city's response to the plaintiff's claims will become
> clearer when the municipality's lawyers call their witnesses
> and evidence later this week or next week.

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