MARCH 8, 2008
The Township of Algonquin Highlands has reached a settlement agreement with the Middleton family over the lands which lie north of the Haliburton-Stanhope Airport at the corner of Airport Road and Barry Line. This settlement closes the Ontario Municipal Board File No. L090003.
The land in question was deemed necessary by the Township for the expansion of the Haliburton-Stanhope Airport. By way of an Agreement pursuant to the Expropriations Act, the land was transferred to the Township on October 31, 2007 for the sum of $200,000. Pursuant to the Agreement, the Middleton family retained the right to pursue further compensation for the land.
As part of their claim, the Middletons asserted that the 100 acres would be severable into 10 rural residential building lots thereby increasing the value of the land, and also that they were entitled to more money for injurious affection.
Therefore, the proceedings of the OMB were intended to address and determine if the Middleton family was, indeed, entitled to any additional compensation for the land over and above the $200,000 paid for the 100 acres, and also to determine if the Middletons were entitled to compensation for injurious affection and disturbance to their cottage property on the other side of Barry Line.
The Township asserted that further severances beyond the existing four building lots on the 100 acres would not be permitted under current policy, and also that the situation did not warrant an award for injurious affection.
As part of the pre-hearing mediation process, various experts and professionals were required by each side to assert their respective claims in an attempt to narrow the issues, and discuss the possibility for settlement. The Expropriations Act provides for the OMB to award payment of a claimant’s legal, professional and consulting fees, and accordingly the issue of costs is also a critical factor in any settlement discussion. During the mediation process, it became apparent that the cost of proceeding forward to a full hearing, even if successful, would have been far greater than to reach a negotiated settlement – particularly given the Middletons’ right to claim for their costs of the proceedings from the Township. After weighing all of its options, the Township chose to settle.
The Township appreciates the ongoing concern expressed by taxpayers with the pursuit of this long and trying process. Upon the advice of the Township’s legal counsel, details of the process itself may not be disclosed however, Council knows and believes that the public has the right to know the ultimate result.
The terms of the settlement require a payment from the Township to the Middleton family of $765,830.01 representing:
- A further $200,000 for the 100 acres, $200,000 having already been paid pursuant to the previous agreement;
- $150,000 for injurious affection and disturbance damages;
- $53,334.25 for interest on the aforementioned $350,000; and
- $362,495.75 for professional fees including lawyers, planners, appraisers and other professionals;
A further amount not to exceed $5,000 will be paid at a later date to cover outstanding legal fees incurred by the Middleton's legal counsel from the date of the agreement to its completion and closure.
In addition to the above, the costs incurred by the Township for this particular process include:
- Approximately $85,000.00 for legal fees and associated disbursements; and
- $27,033.50 for other professionals such as planners, appraisers and other professionals.
Although the Township is extremely disappointed with the outcome of this process and had hoped for a more cost effective result, the closure of this dispute means the lands are now owned by the Township and protected for the future.
PUBLIC PARTICIPATION NOTICE
Environmental Assessment for the Proposed Expansion to the
Township of Algonquin Highlands Airport
The Township of Algonquin Highlands is proposing to expand the
Haliburton/Stanhope Airport located in Minden, Ontario. The proposed
project includes the development of a new runway and other improvements
to existing airport infrastructure.
The Office of Infrastructure Canada, invites the public to participate
in an information session concerning the federal environmental
assessment that is being conducted for this project in accordance
with Canadian Environmental Assessment Act.
The date and location
of the session is as follows:
July
23, 2009 - 7:00pm to 9:00pm
Stanhope Firefighters
Community Centre
North Shore Rd.
Carnarvon, ON
For more information, please contact:
Jennifer
Clark, Senior Environmental Review and Approval Officer, Infrastructure
Canada
605-90 Sparks Street Ottawa ON K1P 5B4
Telephone:
613-948-4415 Fax: 613-941-7930,
Email: Jennifer.Clark@infc.gc.ca
» click
here to visit the CEAA website for more information
Haliburton Stanhope Airport Aeronautical,
Engineering and Envirommental Information Report is now available
» click here to download the Complete Book in PDF format (44 Mb)
Haliburton/Stanhope Municipal Airport Business Vision Report
» Report May 2006
» Report May 2007
For more information and/or questions concerning the HALIBURTON / STANHOPE AIRPORT, please visit www.stanhopeairport.com
Notice of Public Meetings Regarding Haliburton Stanhope Municipal Airport Development Plans
Please take notice on September 18, 2008 at their regular meeting, Council for the Township of Algonquin Highlands will be receiving final technical information and specifications concerning the proposed development plans for the Haliburton Stanhope Municipal Airport. Interested parties are invited to attend to listen to this initial presentation.
On September 20, 2008 commencing at 10.00 a.m. Council will host a public forum for a further presentation to all interested members of the public. This meeting will be held at the Dorset Recreation Centre located in the Hamlet of Dorset in the Township of Algonquin Highlands.
For further information, please contact the Algonquin Highlands Municipal Offices at 705-489-2379.
» click here to watch the 4 hour Video recorded on September 20, 2008.
» click here for the Stanhope Airport Financial Report / October 9, 2008
