Plaza on yonge . The 3 million mansion was demolished by a court order. The Quebec High Court has ordered the demolition of a luxury house in the city of Gatino, which is so close to the road that the city government has to bear the cost.Please Visit: Plaza on yonge to Get Your VVIP Registration Today!
In a ruling this week, the court reversed a city council decision in July 2014 that granted immunity to the owner of the house worth nearly 3 million yuan. The ruling is the latest twist in an eight-year battle over the property in the city’s Elmer district.
The ruling describes how Patrick Molla, the owner of the house, thought everything was fine when he obtained a building permit in May 2013. In September of that year, the municipal government found that there was a mistake in issuing the permit, but never asked the owner to stop the construction. Molla was told that the problem would be resolved through exemption, and the family moved into the house in February 2014, the ruling said.
However, neighbors complained about the property, saying it did not match the surrounding community and violated local rules and regulations because it was not far enough from the street. The regulation stipulates that the house must be at least 15.67 meters from the street, while the house is only 7 meters away.
If the owner knew the risk of eventual demolition, the construction would not continue.
In July 2014, the Gatino City Council passed a resolution attempting to correct this mistake and ordering a “small” exemption, which was invalidated in this week’s court ruling. In Tuesday’s 51-page ruling, Judge Michel Deziel sided with neighbors and demanded that the exemption be outlawed, calling it an abuse of power and a disguised zoning change.
The judge blamed the city entirely, saying Molla had no reason to believe that his house would face problems.
“if he had known there was a risk that the house would eventually be demolished, he would not have continued construction on September 25, 2013,” the award said. ” He is reassured that this technical mistake will be corrected through a small exemption funded by the municipal government, and he continues to invest his’ pension fund’in his house, which is about 3 million yuan. ”
The judge wrote that there seemed to be no choice but to demolish the house, noting that although the municipal government had asked the court not to order the demolition of the house, it did not propose any other solution.
Molla sued the city for 3.6 million yuan, saying it was dishonest for its planning department to allow construction to continue knowing the consequences of the decision. The compensation sought includes 2.95 million yuan in construction costs and six-figure loss of reputation, loss of the right to use the house, and compensation for trouble and inconvenience caused to families. The lawsuit is still under trial.
The city government retorted that the professionals hired by Molla were responsible for violating zoning regulations. The city government said land surveyors and architects should also be held responsible if the homeowner was compensated.
Sebastien Gelineau, a lawyer who represented his neighbor in court, said Thursday that his client was satisfied. “they are satisfied with the decision,” Gelineau said in an email. “the privacy they ask for is respected.”
The latest case was tried for six days last month. The city government has 30 days to decide whether to appeal.