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Court finds HRM should have followed policy
in selling former school site
(Monday, September 24, 2012) – In a written ruling released this morning by the Supreme Court of Nova Scotia, Justice David MacAdam found Halifax Regional Municipality should have followed its approved procedures in the sale of the St. Patrick’s – Alexandra School site.
The decision quashes the sale of the Maitland Street property to JONO Developments Ltd.
“The ruling clearly states that the procedure approved in 2000 should have been followed and that by not following the procedure the sale cannot proceed,” said HRM’s Acting Legal Services Director Marian Tyson.
Ms. Tyson said HRM will take time to thoroughly review the ruling before seeking direction from Council within the next few weeks.
Three community groups – the Richard Preston Centre for Excellence Society, the Micmac Native Friendship Society, and the North End Community Health Association – sought the judicial review following the approval of the sale of the former school property to JONO.
The development company had responded to a public HRM request for proposals for the sale and redevelopment of the school site. The community groups submitted separate proposals that were evaluated alongside private sector proposals, including JONO’s submission.
At issue in the review was whether HRM was required to follow the Policy and Procedures for the Disposal of Surplus Schools approved by Council in September 2000. That procedure was rescinded in January of this year.
Manager, Public Affairs
Halifax Regional Municipality