Developer Rights Trumped by Landowner Rights: Late Notice of Development Permit Found Legally Effective

In a situation where two innocent parties’ rights are at stake. the Alberta Court of Appeal decided that a developer’s rights are trumped by the landowner’s right to notice in the 1694192 Alberta Ltd.  v. Lac La Biche (Subdivision and Development Appeal Board) decision.  On October 1, 2014, the Court of Appeal found in favour of the adjacent landowners who were not provided with any notice by the Municipality under the Land Use Bylaw.  The Court of Appeal provides suggestions to both developers and Municipalities.

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