Supreme Court

Decision Information

Foreman v Inuvik (Town)

Court Supreme Court
Date 1982-02-24
Other citations [1982] 3 W.W.R. 267 – 17 M.P.L.R. 175 (N.W.T. S.C.)
File numbers 5746
Judge(s) Tallis
Location Inuvik
Cases and statutes considered Cases considered:
Estrin v. The Town of Fort Smith, unreported
SemetBSolvay Company Limited v. The Deputy Minister of National Revenue et al (1959) Ex. C.R. 172
Assessment Commissioner of the York Assessment Office v. Office Specialty Ltd. et al, 49 D.L.R. (3d) 471 (S.C.C.)

Statutes considered:
Municipal Ordinance, R.O.N.W.T. 1974, c. M-15, section 223
Decision information:

Abstract: Applicant appealed from an assessment by the Town of the value of his residential property - Applicant contends that the value of his property was diminished by the decision of the Town to permit the adjacent property to be used for commercial purposes.
Decision: Appeal allowed and assessment reduced by 25% - Section 223 (3)(a) requires an assessor to have regard to the advantages and disadvantages of the location when conducting an assessment - the Town failed to take into account the fact that the Applicant=s residence is located next to an electrical service company - Further, to the extent that the Town authorized the electrical company to operate in a residential area, it cannot now be heard to say that its presence does not detract from the value of residential properties.
Subjects: Municipal law
Keywords: Zoning
Property assessment
Fair actual value
Non-conforming use of land
Residential
Commercial

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