Wednesday, December 03, 2008

BabstockTimes & Transcript StaffPublished Wednesday January 23rd, 2008Appeared

Richard, The following is a article which appeared in the Moncton paper re this case: Family, Dieppe in court over land dealCity expropriated land;family argues it was worth more than municipality offered By Craig BabstockTimes & Transcript StaffPublished Wednesday January 23rd, 2008Appeared on page A4 A family that had its land expropriated by the City of Dieppeseveral years ago is suing the municipality for approximately$2 million. The three-week civil trial is currently in its second week inMoncton's Court of Queen's Bench, with Justice Stephen McNallypresiding 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 cornerof the Dieppe Boulevard-Champlain Street intersection nearthe airport. It was approximately 12 acres in size. In 2001, the city expropriated the land and offered the ownerbetween $400,000 and $500,000. The Gauvins, believing theproperty to be much more valuable than that, later launcheda lawsuit that has taken years to finally come to trial. That land has since been developed and is now the site of anoffice building, a Super 8 Motel and a Cora's restaurant. The case is scheduled for three weeks and the plaintiff isstill calling witnesses and presenting evidence to prove itscase against the city. Yesterday, the court heard a landappraiser hired by the Gauvin family testify the propertyhad a market value of more than $2 million, after developmentcosts were subtracted. The court also heard that prior to expropriation, the Gauvinswere planning on developing the site themselves and had beendeveloping plans for a hotel, gas bar, convenience store andrestaurant, along with a residential component. Dieppe Mayor Achille Maillet said yesterday he's aware of thelawsuit, if not the specific details of what's happening incourt. He said a couple of city staff members are attendingthe proceedings on behalf of the city. "Other than that, I can't comment because it's before thecourt," said the mayor. The city's response to the plaintiff's claims will becomeclearer when the municipality's lawyers call their witnessesand evidence later this week or next week.
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