~ Susday, Murch 3, [988 - North Shore News WV Council foiled again in expropriation attempt WEST VANCOUVER District Council has failed in its se- cond attempt to expropriate a waterfront property at 1734 but has not abandoned its resolve to acquire Argyle Ave., the land. “The community should know that our long-term plans to acquire waterfront properties for the seawalk remain unchanged,’' said Ald. Mack Sager ata special West Vancouver District Council meeting held Tuesday. The remark came after Sager reported the municipality's second expropriation bylaw was suc- cessfully contested in B.C. Supreme Court by Tharcon Enter- prises Ltd., the Argyle Avenue land's owner, for the same reason the first bylaw failed. Supreme Court Justice Mr. John Spencer said he believed the bylaw did not sufficiently define the pur- pose of the exprapriation, which was the same basic reason for judgment given by B.C. Supreme Court Justice Mr. Josiah Wood when he ruled the municipality's first expropriation bylaw was in- valid. The wording was changed accordingly for the second bylaw, but a subsequent change to the Municipal Act regarding ex- propriations created the need for even greater clarity. “Tf it is for park purposes, then the whole property may well be sequired, If it is'for seawalk, then that use may be satisfied by the expropriation of a relatively nar- row strip of land only,”’ said Justice Spencer. Thorcon Enterprises, owned by George Cragy, Peter Cragg, Greg Cragg and Geoff Crage, has been trying to show that the municipali- ty doesn’t really know what they intend the property for. Council has repeatedly stated that the acquisition is part of a long-range and long-accepted plan to push the popular seawalk in West Vancouver all the way from 25th Street to Cleveland Dam. “1 agree with my brother Gustice Wood) that, providing council has a present lawful pur- ’ pose, it does not matter that it does not intend to carry out that purpose for some considerable time. The assembly of lands for a , purpose which council presently has in mind may take years before it is complete,’’ said Justice Spencer. But a third bylaw, taking into consideration those changes and .being processed under the new provincial Expropriation Act, has gone to second reading. : Sager: passed 2 motion calling for staff recommendations regar- ding the municipality’s waterfront policy, with respect to the ex- propriation of the Argyle property” i in particular. Commenting on Justice § Spencer’s decision, George Cragg, Joe Florian Spring Savings 4 yet Drapery Fabric We also carry. a wide variety of Blinds featuring Hunter Douglas, Abbey & Kirsch © 14 years experience © In home service which will make the elimination of we won, but Mn not going to gloat. As a homeowner, | expect the same constitutional rights as any homeowner. “We hope to ause this decision in Ry MAUREEN CURTIS uur negotiations with council, Contriatiny Writer We're willing to allow public ac- cess through our property —- so there can he a seawalk. Everyone can win, Crage added. who lives on the Argyle Avenue property, said: ‘I’m pleased that PERSONAL INJURY CLAIMS JAMES M. 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