Colhoun vs RM Lumsden, COURT_Statement_of_Claim_re__R_M_.pdf February 2021

STATEMENT OF CLAIM
1. The Plaintiff, NORMAN COLHOUN (“Norman”), is an individual who
resides in the Rural Municipality of Lumsden No. 189, in the Province of Saskatchewan.
2. The Plaintiff, LAURA COLHOUN (“Laura”), is an individual who resides in
the Rural Municipality of Lumsden No. 189, in the Province of Saskatchewan.
3. The Defendant, RURAL MUNICIPALITY OF LUMSDEN NO. 189 (the
“R.M.”), is a Rural Municipality located in the Province of Saskatchewan, governed by The
Municipalities Act, SS 2005, c M-36.1 (the “Municipalities Act”).
History
4. In or around March of 2013, the following property was purchased by
Norman and Laura, which thereafter has been held in joint tenancy:
Blk C, Plan No. 101443823, Extension 127
Surface Parcel No. 153739424
(the “Property”).
5. The Property was purchased by Norman and Laura with the intention of
subdividing same into approximately eleven (11) residential lots, with the remainder of the
Property being utilized for commercial purposes (the “Development”). At this time, the
Property was zoned “R1-Low Valley Residential District” (“R1”) as defined in The Rural
Municipality of Lumsden No. 189 Bylaw No. 7-2012 – Zoning Bylaw (the “Zoning
Bylaw”).
6. In or around June of 2015, a joint concept plan was submitted to the R.M. by
Norman and Laura, along with two other individuals seeking to develop adjacent property
(the “Joint Concept Plan”). The Joint Concept plan was received and reviewed by the R.M.
for approximately 5 years prior to the developers abandoning same as a result of delays.