Quote:
Originally Posted by Stormer
We have seen the typical poor, superficial reporting by local media on the Eastgate Drive fiasco. They are saying the cost to fix the issue will be $1.5 million, but the media is not reporting that this money may be entirely thrown away, unless another use is found for the temporary bridge. From the City Administration report:
It does not appear that anyone considered the alternative of compensating the affected businesses for 100% of their lost profits (which would likely only be a few $100 thousand). Also there is no information about estimates for the cost of a permanent solution to be looked at next year. Presumably that will cost even more than temporary bridge cost.
Finally, how much less would this have cost if it was done right from the outset. No one asks these questions.
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I agree with all of your points, except one: I bet it would cost at least a million, if not a couple million to compensate affected businesses.
The City's lawyers must have told them that there was a high probability of business owners demanding/suing for compensation as a result of the closure. Even with out-of-court settlements, this wouldn't have been cheap.
In the Empringham's case, the City was ordered to compensate Empringham's $200,000 in 2002 for removing access to Lewvan.
I'd say Empringham's argument was more shaky than the affected Eastgate businesses. Empringham's existed with Pasqua St. access only prior to Lewvan being constructed
(granted, Pasqua would've been a much busier road before Lewvan).
When Lewvan was constructed, the City initially had no plans for Lewvan access to Empringham's... but they finally agreed to construct an access road.
As part of the access construction, the City & Empringham's actually signed an Agreement (in 1986) stating that
the City has no obligation to grant Empringham's access to the Lewvan and that the City could withdraw the access unilaterally.
Despite this agreement, Empringham's successfully sued the City for removing the access & was compensated $200,000 (reflecting diminished land value).
Eastgate is obviously different than the Lewvan/Empringham's scenario:
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access to Eastgate isn't really being removed (but its closure at the creek could be argued to have a similarly detrimental effect on land value); and
- access to Hwy 1 westbound remains (business owners certainly argued at the City Council meeting (
yes, I watched it all live! I'm a winner!) that even improved WB access doesn't offset diminished land value resulting from the loss of direct eastbound Hwy 1 access)
The lawyer representing Eastgate businesses also noted during the Council meeting that the City had violated the Cities Act provisions requiring sufficient road closure notice. Not sure how much formal weigh that would carry, but it might leave a bad taste in the judge's mouth.