The reason being is he can’t access it and that’s why he’s suing the Town of Norris Point.
Shears’ lawyer, Jim Bennett, filed a statement of claim in the matter with the Supreme Court of Newfoundland and Labrador in Corner Brook on July 22 and the town was served on July 28.
The statement of claim lists Shears, a Rocky Harbour businessman, as the first plaintiff and his company, Shears Bus Service Ltd., as the second plaintiff. The town is the sole defendant in the matter.
The statement of claim says that the plaintiffs own a parcel of land within the limits of the town that previously fronted on a street known as Neddie’s Harbour Road.
It was from this frontage that Shears was able to access the land, said Bennett.
In 2010 the town rerouted an existing waterline on Neddie’s Harbour Road and as a result Shears is not longer able to access his land.
“Not without going on somebody else’s,” said Bennett.
This means he can’t get at the estimated $150,000 worth of gravel on the land that could be used in his construction business or develop the land itself.
“It’s a beautiful piece of land,” said Bennett. “It’s a pretty substantial blow not to be able to use a parcel of land like that. Land values in those park communities are really sky high.”
Bennett said the town had offered Shears access on the new road, but it would mean going in so far and doubling back and the 16-foot wide right-of-way offered doesn’t work for him.
“That’s no good for him for a road,” said Bennett.
The statement of claim also mentions a third party whose land had been impacted by the town’s actions. It says this person complained and his land was later expropriated and the man was compensated for it.
In Shears’s case the statement says that in May 2011 the town acknowledged it was liable for his loss and offered to help craft a solution to the problem.
Since then nothing has happened and because it has been running on for sometime Shears decided to take legal action. He’s seeking general damages in the sum of $675,000, refund of property taxes paid since access to the property was taken, costs on a solicitor and client basis and such further and other relief that the court deems just.
Still, Bennett said there could be a remedy outside of court.
“Almost everything can be resolved without a court action if people have the initiative and they recognize there is an issue.”
Bennett said a proper survey of the land is needed and there may need to be some more land expropriated that could involve more than one party. But whatever the proposal, he said it would require a resolution from council to make it legal.
Norris Point Mayor Joe Reid said he would not be commenting on the matter at this time and that the town’s legal counsel will be addressing the issue on its behalf.
A court date has yet to be set in the matter.
