Talk:Area redevelopment plan

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The assertion that once passed, an ARP is "binding," needs clarification. The Supreme Court of Canada indicates that in Alberta, statutory plans (including ARPs) are guidelines that are usually read down if they conflict with a municipality's Land Use Bylaw. (Hartel Holdings Co. v. Calgary (City) (SCC) [1984] S.C.J. No. 17)

As a result, precisely whom an ARP is "binding" upon and under what circumstances is an open question.

I have deleted the general statement respecting the binding nature of an ARP as "dangerous," as it gives a misleading impression that could result in legal action being commenced (or not commenced) in error.

StockGear (talk) 17:00, 7 February 2008 (UTC)