Mountain View County officials deny that they obstructed or delayed a commercial/industrial development at the centre in a $32.3-million lawsuit from a Calgary-based developer.
Two weeks ago, Neuroese Properties filed the lawsuit in Calgary Court of Queen’s Bench.
Naming both county Couns. Paddy Munro and Kevin Good, the statement of claim from Neuroese Properties indicates the councillors and the county acted in bad faith, used all powers at their disposal and attempted to deliberately sabotage Neuroese’s business with the dismantling of the Netook Crossing North Project, a commercial and industrial development near Hwys 2 and 27.
The lawsuit seeks $28.75 million in loss of economic opportunity, along with $3.56 million in additional damages.
In response to these allegations, the county filed its statement of defence with the Court of Queen’s Bench in Calgary on Friday, seeking to have the lawsuit dismissed.
It says the newly-elected council that adopted a new municipal development plan, one that revised the Hwy 2/27 area structure plan, was at liberty to do so.
Neuroese alleges the revision helped effect the dismantling of the Netook Crossing North concept, which was repealed in October 2012.
The county claims that any loss or damages described in the statement of claim are not as a result of the county’s actions and the amount claimed is excessive.
Citing the Alberta Municipal Government Act, the county states nothing in the planning and development part of the act gives a person a right to compensation and a municipality does not have to undertake any projects referred to in a statutory plan, which includes municipal development and area structure plans, adopted by council.