A group of Akinsdale residents is suing the city in the hope of preventing the rezoning of a land parcel at the centre of a controversial affordable housing project.
In a statement of claim filed with the Alberta Court of Queen’s Bench Wednesday, the group of 14 residents is asking the court to declare the land at 70 Arlington Dr. as reserve land and declare that it can’t be rezoned or transferred other than in accordance with section 671 of the Municipal Government Act (MGA), which deals with municipal and school reserves.
The complainants are seeking “an interim and permanent injunction” restraining the city from rezoning the land to uses other than those listed in section 671 of the MGA, which includes parks, recreation or a school. The suit also names the St. Albert Protestant school district and seeks to restrain the school board from transferring the land to a third party.
“In reality, that land was reserve land. Even though it may not have got designated as reserve land, it should be treated as reserve land,” said resident Gerald Kress, who is one of the complainants in the suit. The other complainants are Geoff Jorden, Nancy Jorden, Ron Collins, John Richards, Gordon T. Wheaton, Valerie Richards, Sue Languedoc, Blaine Emmons, Amber Emmons, Dave Evans, Roger Hicks, Elizabeth Hicks and Donna Prato.
“We feel that’s the way it should be treated so we would like the courts to decide whether or not that’s the case,” he said.
The city is in the process of rezoning the land at 70 Arlington Dr. to allow the school board to sell it to Habitat for Humanity – Edmonton, which wants to build 34 affordable housing units.
The residents have hired the Edmonton law firm Kennedy Agrios to represent them.
Evans said he’s concerned about his property losing value if the green space next door is developed. Appraisals sought by residents estimate a reduction between five and 15 per cent, he said.
Given that potential loss, he said it was a “no-brainer” for residents to pool some money to hire a lawyer.
“She said, win, lose or draw, it’s going to take years for this to get resolved in a lawsuit,” Evans said. “That plus the fact that maybe we’ve got a 50 per cent chance of winning, that’s enough for me.”
With a municipal election coming up on Oct. 18, and two of council’s incumbents planning not to run, council stands to have a different look a month from now. Akinsdale residents have been actively asking council candidates if they’d be willing to reconsider the project if they got elected.
“There’s no question that we’d like to see that happen but we’re committed to going forward on this [lawsuit,]” Evans said.
The school board has been trying to sell the land for years because it’s no longer needed for a school. The complainants feel the land should revert back to the city.
The board has always contended that it has legal title to the land and has the right to sell it, a position supported earlier this year by Alberta Education. City staff has also supported the board’s view at public meetings.
The city hasn’t found any evidence the land has ever been listed as reserve, said senior planner Lenore Mitchell.
The city has pledged $840,000 to Habitat for Humanity for the land purchase.
Mayor Nolan Crouse said council has been proceeding on the advice of the city’s legal staff, with the understanding that council has the right to rezone the land.
“If there is a problem with what we’re doing legally, we should have already known about it,” Crouse said. “If we didn’t already know about it, let’s get the facts.”
The issue is due to return to city council on Monday night after months of acrimonious debate, which has included public open houses, dozens of speakers to council and a design charrette aimed at gathering public input into the project design.
Monday’s meeting might be the last chance for public input on the project.
The city and the school board have 15 days to file a statement of defence. None of the claims in the lawsuit have been proven in court.
