Wednesday, September 1, 2021

Cochrane Golf Club Ltd. applies to Courts to have the Restrictive Covenant removed

Mr. Tom Hong has filed an Affidavit with Court of Queen’s Bench on behalf of the Cochrane Golf Club in which he maintains that operation of the golf course is no longer viable and that this economic circumstance is sufficient argument to declare the existing Restrictive Covenant ("RC") preventing further golf course development as invalid. His evidence includes financial data up to and including 2019 and an Affidavit from his expert witness, Mr, Craig Burkhart, which substantiates Mr. Hong’s position. He also contends that the RC is illegal. The Court Application lists only the Town of Cochrane and does not mention the residential property owners who are listed as benefited lands in the subject RC.

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Appellate Court of Alberta dismisses the Cochrane Golf Club appeal

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