Chelsea Appeals to Supreme Court
Reuel S. Amdur
The most important action taken at the June 4 Chelsea Council meeting was to give the lawyers the go-ahead to seek leave to appeal to the Supreme Court the decision of the Court of Appeals ruling in favor of the National Capital Commission (NCC) in the case brought by Chelsea. Chelsea was attempting to claim money based on a zoning valuation from the NCC, in lieu of taxes, while the NCC chose to pay an ever-decreasing amount. We pointed out that this appeal is a long shot, given that the Court of Appeals decision was unanimous in their decision.
Conceivably, Chelsea might argue that the Appeals Court decision is so seriously ground-breaking that it warrants a review by the high court. After all, the Chief Justice of the Court of Appeals, said that the NCC could pay whatever it saw fit, leaving the Payments in Lieu of Taxes Advisory Panel with no meaningful role.
Councillor Kimberly Chan pointed out the importance of the NCC payment in lieu of property tax, since it is Chelsea’s largest land owner and is actively buying up property, while paying ever less. (Government entities do not pay property tax. They pay in lieu of property tax.)
As we have suggested, the situation could also be addressed politically. The federal government could decide to deduct a payment to Chelsea from the appropriation to the NCC, or simply pay Chelsea. Pitches could be made to each party.
Sophie, their Liberal MP, should be concerned, as Chelsea residents are her constituents. Of course, the Conservatives as the Opposition, need to hear the concern. Then there are the other parties. The Bloc: “C’est la faute du fédéral.” Greens and NDP may appreciate the efforts Chelsea is making to be ecologically responsible. The failure of the NCC to pay what may be their due makes it more difficult for Chelsea to follow that path.
Chelsea has chosen to apply to the Supreme Court for leave to appeal, which may or may not choose to take the case. If it chooses to do so, it may or may not rule in Chelsea’s favor. So Chelsea may want to begin to sound out federal politicians.
