According to a recent report, a Alberta new school that would cater to special-needs children has faced legal opposition. The facility would care for an estimated 120 secondary-age students who have been diagnosed with moderate-to-severe developmental disabilities. The project would cost approximately $24 million and would be built on land in the northwest area of Varsity.
The provincial government cleared the building of the facility in an effort to replace an older school that is located in Bridgeland. However, in August, a group of residents filed suit against the Calgary Board of Education the board or trustees, seeking an injunction against the project. The group, which is made up of 30 residents, claims that land where the school will be build should have been given to the city and designated as a reserve. They are also seeking compensation for damages regarding the “diminution of value” of their homes.
However, according to a report published on Aug. 28, the CBE has taken steps to have the lawsuit dismissed. The response claims that the action filed by the residents only protects the interests of a few isolated parties and is contrary to the best interests for the citizens of the city. The response also suggested that the residents should have had an understanding that the land in question would eventually be used for a municipal facility and claims that the resident’s property values have not been affected.
As this case shows, civil litigation can be a complicated endeavour. The competing interests of the involved parties to a case can make it difficult of a group to pursue compensation for damages. However, a lawyer who has experience with such cases might assist those who wish to pursue such an action.
Source: Calgary Herald, “CBE seeks to have lawsuit opposing special-needs school dismissed“, Trevor Howell, August 28, 2014
