Friday, April 11, 2014

Court Ruling - Implications for Clarenville

On April 3, Justice James Adams of the NL Supreme Court ruled on a case that pitted the Town of Gander against Trimart Investments Limited.  The thrust of the case was the Town sought to bill back owners of commercial properties owners adjacent to a municipally owned parking lot for town provided services such as snowclearing, repairs & repaving. 

The court held on the one hand the Town could impose charges to the business owners in respect of the parking lots; but on the other hand the Town could not impose a charge in respect of the parking lots as a user fee and could not impose charges on the defendants in respect of the service roads. (Read the full judgement here

This ruling has significant implications for Clarenville because of its similar situation with the Lower Mall parking lot. The Town has gained significant leverage to charge back for repairs to the parking lot.  The Town wants to see this resolved and now it finally has some judicial precedent to move this forward.  


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