The Dow Planetarium bestowed the land and building that became the city's Planetarium only on the condition that it forever remain used in that vocation.
Here are a few others.
Here are a few others.
- In 1870 someone named Come Cherrier dealt the property at Rachel and St. Lawrence to Montreal on the condition that it always remain a market. But eventually the city demolished the market and the city was forced to pay $92,000 to her descendents, who were obviously on the ball about the small text of a century-old document.
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| Streetcars were eventually yanked off Decarie. |
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| Power Corp's bus bus terminal at Dorch & Drummond |
-In 1864 Montrealer Horatio Nelson -nephew of the famous British admiral - dealt a property to the city on the south side of Dorchester between Stanley at Drummond. Among the clauses was one which specified that it never be used as a bus station. But indeed a bus station was placed on the property and the owners, Power Corp, were threatened with lawsuit in 1960 for the violation. The station was sold, demolished and relocated to Berri, where it now sits, although one of the big companies just recently moved back downtown.
-In 1949 the Brodie family sold their family farm at Oxford and St. James -- what became Oxford Park -- to the city of Montreal for $71,000. The document asked that the city keep the old stone farmhouse as a library or a community centre of some sort, but the city knocked it down a few years later, probably largely because it was not a firm condition in the deed.
-In 1949 the Brodie family sold their family farm at Oxford and St. James -- what became Oxford Park -- to the city of Montreal for $71,000. The document asked that the city keep the old stone farmhouse as a library or a community centre of some sort, but the city knocked it down a few years later, probably largely because it was not a firm condition in the deed.
-John Donegani sold his orchard at St. Alexander and Dorchester for a nominal price to Roman Catholic Ignace Bourget to build St. Mary's College in 1846 with the deed stipulation that he or his later family would receive 12,500 pounds sterling if it ceased to be used as a school. The school was demolished in 1976 and the descendants were rewarded the paltry $58,000.
Anglomontreal;
ReplyDeleteA flower stand still exists on Place Jacques Cartier in order fulfill a requirement that it remain a fresh market according to the bequeath.
Kind of cheesy.
Why should we be surprised that previous agreements and laws be ignored or broken? Nothing new here.
ReplyDeleteIn any event, very few agreements are considered "in perpetuity", although many railway lines were built with 99-year clauses which still have not run their course. A "lifetime" agreement may be interpreted differently, too: WHOSE lifetime?
How many downtown landmark buildings have been demolished to make way for "progress"? How many wills have been contested in court and their provisions altered or overturned?
Going back even further, how many treaties with First Nations have been contested and even violated by both sides, and in the case of such ancient agreements, written proof is often hard to find--if it exists at all.
No, as long as people see a buck that they can put in their pocket, rightly or wrongly, they'll try every trick in the book.
Judges don't always require compensation following a decision, either. They may rule "in favour" of a contestant, but that's as far as it goes.
There was the recent issue over that cut-and-cover excavation above part of the Henri-Bourassa Metro tunnel near the corner of Gouin and Basile-Routhier in Ahuntsic.
Nearby residents took the city to court demanding that the work be done entirely underground, to avoid
the inevitable dust, noise, and traffic, but the city went ahead anyway with the excavation and in the end--after the project was completed--despite the months-long inconvenience to the residents, the judge ruled in favour of the residents, agreeing that the project could indeed have been carried out entirely underground,
but then basically gave the city only a slap on the wrist and offering no compensation to the complainants.
You got a nice repost on http://spacing.ca/montreal/2013/03/20/montreal-in-perpetuity/
ReplyDeletemy mom had a house in point claire that had a small marshy area just off our land where ducks would nest every yearand countless birds and other critters made their homes,it was surrounded by several properties and the land was not to be built on to preserve this small wildlife sanctuary,that was in '77 and after she lost the place i went back to see that little oasis of wilderness and it had been built up and paved over to make room for some fancy almost lakeshore property...too bad
ReplyDelete