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Rainbow Park ruling delayed by appellate court

Resort Municipality of Whistler seeking review of dismissal in Court of Appeal

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The B.C. Court of Appeal has reserved judgment on whether it will allow the appeal of a dismissal of an appeal by the Resort Municipality of Whistler.

Last year the municipality was ordered to pay $1 million to the former owners of the Rainbow Park property, the Saxton family, for land it expropriated in 1987. The RMOW appealed that ruling but the appeal was dismissed.

On March 21 the court heard the municipality's arguments for why the dismissal of its appeal should be set aside. The municipality is doing this so it can argue in court why the $1 million award should be set aside.

However the court held off on pronouncing judgment at the hearing, deferring its decision to a yet-to-be-determined date.

The Supreme Court of British Columbia ruled on March 10, 2010 that the Resort Municipality of Whistler must pay at least $1 million to the Saxton family for the 108-acre Rainbow Park property on Alta Lake. The Saxtons argued the property was worth $1.3 million in 1987. The RMOW paid the family $367,000.

 

 

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