Prince Albert judge dismisses landlord's lawsuit
A Prince Albert judge has thrown out a lawsuit filed by the landlord of a notorious apartment that the city wants demolished. Larry Markwart was ordered to tear down the Minto apartment building in 2004.
The apartment has been described in court documents as a gathering place for alcohol and drug consumption that provides "substandard accommodation to the troubled and the underprivileged."
City police were dispatched to the building 396 times in 2003 and 288 times in 2004 to investigate complaints ranging from property crimes, evictions, two violent assaults, and a homicide.
A building inspector ordered the dilapidated building demolished in 2004.
Markwart sued the City, along with the police and health region, saying he was being slandered and unfairly prosecuted.
Now, in a decision released online this week, Court of Queen's Bench Justice Martel Popescul has quashed Markwart's suit.
According to lawyer Robert Kennedy , who represented the city, the judge ruled, among other things, that the suit wasn't filed in time.
"You have to commence an action against a city within a year of it happening," he said
Meanwhile, Markwart is still appealing the demolition order. The Court of Appeal hasn't set an appeal date.