The judge ruled that a $ 3 million luxury home in Quebec, Canada built within 10 years had to be demolished – and the local cities would have to pay for it.
This ruling is the latest in roughly eight years of legal history that began when a house was built too close to the road in violation of Gatineau City’s zoning law.
The judge’s decision rejects the tax exemption the city gave homeowners to keep the condo as it is.
In this week’s ruling, Quebec Superior Court Judge Michel Deniel said that when the city granted planning permission in May 2013, when the owner Patrick Mora said his home complied with building codes. He said there was good reason to believe so.
But in September the city discovered that a planner who approved the permit made a mistake by allowing a house to be built about 7 meters from the road. According to local regulations, homes must be built at least 51 feet from the street.
A contractor in the town of Gatineau made a mistake when approving a plan to build Mora’s house (pictured) and later attempted to exempt him from the tax. The judge’s ruling invalidates the tax exemption as it was an abuse of power
Not only does the house collapse, the city has to pay for it
A Quebec Superior Court judge ruled this week that the $ 3 million mansion that homeowner Patrick Molla (pictured) built about eight years ago was too close to the road and needed to be demolished.
But instead of telling Mora to stop building the house, the city let it go and told him the problem would be resolved. In February 2014, Mora’s family moved home and in July 2014, Mora granted a “minor tax break” to comply with her.
Deniel’s ruling invalidates Gatineau’s tax exemption, saying he has few options other than getting it demolished.
He was on the side of a neighbor who complained that the country was different from the rest of the neighborhood, claiming the city’s exception was an illegal abuse of power.
“If he had known the risk of a permanent demolition, he would not have continued the construction of the shopping center on September 25, 2013,” said Deniel in his judgment.
“To reassure him about this technical flaw, which will be remedied by a slight tax exemption at the expense of the city, he continues to invest his” retirement savings “in his home up to about $ 3 million. ”
The city asked the court not to order the house demolished, but Deniel said it offered no alternative.
The street is 7 meters from the street. According to local regulations, the house must be built at least 5 meters from the road
The judge said city officials gave Mora false hopes that construction of his home could continue. Mora is suing the city for an additional $ 3.6 million
Sebastian Gerinault, a lawyer who represents his plaintiff neighbor, said his client was satisfied. “You are happy with the decision,” he told the Canadian press in an email. “They want their privacy to be respected.”
“I understand the frustration when it was built, but the owner feels sick after a long time,” neighbor Claudin Ganyon told CTV News.
“Nobody was happy when it was built, so I think there are some people here who are more than happy when it falls,” said another neighbor, Mike Beard.
Separately, Mora filed a lawsuit against Gatineau in 2019 for $ 3.6 million in damages. He said.
It aims to reclaim $ 2.9 million in construction costs, more than $ 600,000 in reputation and inconvenience to Mora’s family.
In the case, Gatineau argued that the construction subcontractors employed by Mora should be held responsible for errors that local ordinances did not take into account in the construction plan. The outcome of the proceedings is still pending.
Molla’s attorney did not immediately respond to a request for comment.
Gatineau has 30 days to appeal the decision.
“Our legal department is analyzing everything, so there are no comments on the file,” the city told the Canadian press.
Homeowners are having to demolish a $ 3 million luxury condominium because it was built too close to the street
Source Link Homeowners are having to demolish a $ 3 million luxury condominium because it was built too close to the street