City sues over Devon Park property dispute

A resolution tabled in city council on Sept. 25 states that the owner of 805 Upper Lansdowne "has carried out landscaping and the construction of two retaining walls and a fence on public property and therefore enclosing a portion of Devon Park for private purposes, without obtaining the City's permission."

It further says the owner "failed to comply with the notices issued by the authority having jurisdiction to cease occupancy of the park, and proceed to the restoration of the public property." The City has retained the legal firm Fasken Martineau to a file a motion in Quebec Superior Court for a permanent injunction and for any other proceedings involved.

"This isn't a case of a few inches or two feet, this is a significant portion of the park," commented City Councillor Tom Thompson, who sponsored the motion. "The landscaping was undertaken without a permit, and then, when the permit was requested, the landscaping proceeded even against the understanding that this was infringing on the Devon Park Westmount property,"

While Thompson said the City showed fairness in giving adequate notice to the property owner on several occasions, "now we have to respect the citizens of Westmount, who are owners of the park. And so we are obtaining legal counsel to insist that this property be returned for use as it was intended and as it is for Westmount."