Mission City Record, January 23, 2015

Page 1

DOWNTOWN DEVELOPMENT

BEAUTY AND THE BEAST

MY HOUSE APPROVAL

Mission open for business

Bateman performs at Clarke

Youth project proceeds PAGE 12

PAGE 3

PAGE 8

2012

CCNA

85¢+ GST

Friday, January 23, 2015

SERVING MISSION SINCE 1908

Topper Street property owner Dale Scott has launched legal action against the District of Mission and the builders of Heritage Marketplace. He claims his property slipped and his house has been damaged after a retaining wall was built in 2010. None of the allegations have been proven in court. CAROL AUN PHOTO

Topper Drive homeowners seek compensation in court

Carol Aun

MISSION RECORD

A Mission man says the house he bought as an investment property more than eight years ago is now bankrupting him. Dale Scott invested in a home on Topper Street with his mom in 2006, but neither of them ever lived in it. Instead, they rented it out and received some income from it annually.

But the rent Scott is receiving now is not enough to pay for engineers to help fix the property and pay lawyers to conduct a court challenge to those who he alleges were responsible for the damages done to his house and land. Scott and two of his neighbours allege a retaining wall built just below his property for Heritage Marketplace in 2010 was not properly designed, inspected and con-

structed. None of the allegations have been proven in court The defendants in the case are the District of Mission, the builders of the shopping mall on Stave Lake Street and 11 Avenue, and the engineers of the project. According to the civil claim, the slope has slipped, which has caused the three properties above it to settle.

Scott and his neighbour Finn Nielsen claim the settlement of the slope has caused structural damage to their homes. “Inside, the walls have cracked and the foundation has cracked in the back (of the house),” said Scott. “We’ve had sewer lines breaking because the ground is still settling,” Nielsen said, adding the deck at the back is tearing away from the house as the property continues to sink.

Nielsen’s father, Frede, owned the property and is listed as a plaintiff in the court documents, but he passed away last year and now Nielsen is looking after his father’s affairs. Frede had lived in the house for 10 years before any problems surfaced. “Everything was fine until they did that development,” added Scott,

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