Calgary's Mayor Nenshi wants Midfield Park residents to get their day in court
The residents were given three years to move their mobile homes after the city found problems with sewage infrastructure
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Naheed Nenshi said the city wants Midfield Park residents to get their day in court – this after the residents' legal representatives filed a brief for their existing action in court.
The claim against the City of Calgary now alleges they The City has breached the Mobile Home Sites Tenancies Act by not maintaining the infrastructure on the site on purpose to deliberately target the mobile park for closure.
Lawyer Mathew Farrell said his strongest argument against the city is that they violated the residents' charter rights.
"Ask yourself this question: 'What other community in this city can you think of where the city has said, 'You know what, we have decided hot to maintain the infrastructure for your basic services of water and sewer, and so we're shutting down the community. Find somewhere else to move your home, if you can, and if not destroy it,'" Farrell said. "That's certainly a different treatment than anybody else."
These allegations haven't been proven in court.
For the residents, the claim asks that the court award damages, refuse writs of possession, or both.
"The city did not contest the legal action because we actually want folks to have their day in court," said Nenshi. "We are confident that the city's acted within all its legal parameters."
The mayor said it's up to a judge to say whether or not the group of residents deserve more compensation.
According to council's decision, the park needed to be shut down because of safety concerns stemming from the aging infrastructure built underneath the parcel of land (instead of the adjacent roadways).
Residents were given three years' notice and were eligible for up to $10,000 compensation to move or remove the homes and up to $500 of legal fee reimbursements according to the city's web page.