Case Appealed: Ongoing Court Costs

*UPDATE* Court Case has been appealed.

While the application to uphold the covenant was successful on the original submission to court, those properties that had their land use designation changed when the city of Calgary intervened in the court case were permitted to remove the covenant from title. However, this decision is being heard in the Alberta Court of Appeal. The lawsuit is still open and ongoing.

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Here is our story.

Like many communities in Calgary and beyond, development is only allowed within certain limits dictated by restrictive covenants – a legal encumbrance registered against the land title that protects homeowners and which have been in place for decades (in our case in excess of 50 years). The city of Calgary and several large developers are seeking to unilaterally change those rules, often without engaging in meaningful public debate and even directly in the face of it.

Despite the terms of our covenant, and concerns raised by area residents, city Council approved development far in excess of allowable limits. Where lots are restricted to 2 units each, the City has approved 30! City Council then directed these large developers to use their vast resources to apply to the Courts to remove the covenant, subverting the rules that protect area owners. When a large number of residents (over 100) banded together to demand that the Courts uphold the terms of the covenant as it is written, city Council sided with the large developers to rezone specific areas of Banff Trail to create an artificial conflict in an attempt to trump the terms of our covenant. In this way they have chosen to line the pockets of these large developers, rather than protect the rights of individual owners and uphold the sanctity of private contract law.

The judgment that will be rendered in this matter will set a precedent that will affect development rules in every community in Alberta – and beyond. If the rezoning passed by city Council is allowed to prevail, it will create a playbook that will be used time and time again, EVERYWHERE to trump individual property and contract rights.

PLEASE JOIN OUR FIGHT TO ENSURE WE HAVE THE RESOURCES TO STOP CITY HALL FROM TAKING AWAY OUR RIGHTS AND LINING THE POCKETS OF A FEW LARGE AND INFLUENTIAL DEVELOPERS.

All funds raised will be applied towards legal fees and disbursements incurred by individual homeowners within the Banff Trail community.

Banff Trail is a diverse, inner-city neighbourhood comprised of a wide range of residents that share a strong sense of community and believe Banff Trail is the best community in Calgary. Many residents are seniors that purchased their first home in Banff Trail in the mid-1950s and still reside in that same home today. Other residents are new to the area, moving to Banff Trail so that their children will be close to one of the many schools that lie within our boundaries. Banff Trail boasts as many renters as homeowners, living in affordable accommodation close to public transit and the University of Calgary.

Similar to attempts to force change through the implementation of the Guidebook for Great Communities (an ill-considered revamp of municipal planning; successfully rebuffed prior to the last municipal election), city Council is trying to force development in Banff Trail far in excess of limits prescribed by its own area development plan.