A judge has ordered the demolition of a $ 3 million luxury home at the expense of the city of Catino, which, due to a technical error in its planning department, allowed its construction too close to the street.
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Quebec High Court Judge Michael Diesel on Tuesday handed down the decision in relation to the saga, which has been going on since September 2013. This case has caused so much ink flow that it is locally known as “79, Fraser”, which corresponds to the home address in the Ailmer field.
Although the property (building and land) on the municipal list is worth $ 45 1.45 million, it will cost $ 2.95 million to build the house and acquire the land, according to the owner. Presented in the court document.
Violation of the rules
2013 was a dream year for Patrick Molla and his family. In early May, the town of Katino grants him a building permit, so his future home begins to take shape at the end of the month on land that has been vacant for more than 20 years.
However, on Sept. 19, officials from the city’s planning department noted that the permit had been issued in violation of applicable municipal by-laws. The distance between the house and the street should be 15 to 16.3 meters, which is only seven meters.
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Therefore, the City Planning Advisory Committee recommends that the City Council approve the request for a minor exemption, which was approved on July 8, 2014. Meanwhile, construction continued and the family moved into their new home in February 2014.
A few months later, on October 6, immediate neighbors Robert Blaine and Manon Belletier, as well as David Stinson and Cheryl Little, brought an action against City and Patrick Mollah. ‘They suffer daily damage. They allege that the City abused its power by accepting minor exemptions, claiming that this was a disguised regional change.
“I see this decision as a success and I am very happy,” Manon Pelletier replied on Wednesday, adding that her husband died in September 2020, before the procedures were completed.
“This is a complicated case, in fact and legally. Progress is sometimes a storm, for which the credit goes to my clients. They have shown a lot of courage by not putting pressure on people,” said Mr. Neighbors’ attorney.e Sebastian Gellino.
The opposite case
In this case, the city of Katino is not at the end of its sentences because the owner of the premises, Patrick Mollah, is seeking 6 3.6 million in compensation and punitive damages. He laments that the legal, media and political turmoil around his home has undermined the peace and tranquility of his family. At one point in the discussion, people especially marched in front of his house shouting “Demolition!” And taking pictures.
“My client never wanted to build a disgusting house. Whatever happened, he came out as a loser, ”said his lawyer.e Eric Oliver.
The city of Katino now has 30 days to appeal the verdict. By email, he told us that his legal services were still investigating the outcome.