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Supreme Court of Canada

Planning—Development control resolution passed by Municipal Council—Attempt to preserve historic site—Resolution beyond legislative competence of Council—The Planning Act, R.S.A. 1970, c. 276, s. 106(1).

APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division[1], allowing an appeal from a decision of the Development Appeal Board of the City of Edmonton. Appeal dismissed.

C.E. Frost, for the appellant.

H.L. Irving, Q.C., and M.J. Trussler, for the respondents.

M.C. Denhez, for the intervener.

The judgment of the Court was delivered orally by

MARTLAND J.—We are all of the opinion that the Appellate Division rightly decided that s. 106(1) of The Planning Act, R.S.A. 1970, c. 276, did not empower the Council of the City of Edmonton to pass the resolution which is in issue in this appeal. The appeal is dismissed with costs.

Judgment accordingly.

[Page 99]

Solicitor for the appellant: C.E. Frost, Edmonton.

Solicitors for the respondents: Parlee, Irving & Co., Edmonton.

Solicitor for the intervener: M.C. Denhez, Ottawa.


[1] (1977), 81 D.L.R. (3d) 543.



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