Rosemere | Promoter threatens to sue for 126 million

A real estate developer is threatening to sue a city and an MRC north of Montreal for “at least” $126 million if he is not allowed to build a residential subdivision on a former contaminated golf course. A project that could also be temporarily blocked by the Montreal Metropolitan Community (CMM), which is considering protecting the old golf courses on its territory.

Eric-Pierre Champagne
The Press

Application for judicial review

On April 21, a real estate developer filed an application for judicial review in the Superior Court of Quebec against the MRC of Thérèse-De Blainville and the Town of Rosemère. The developer, Quartier Melrose inc., wants to overturn a decision by the MRC, which decided to suspend a project to change the use of the former Rosemère golf course, which closed in 2018. cause, the company threatens to sue the City and the MRC for disguised expropriation “for an amount of at least” 126 million dollars. A sum that was also fixed as part of an assessment commissioned by the Town of Rosemère in 2020. The municipality did not want to comment on the file since the case is now before the courts.

A project refused by Quebec

In July 2021, the MRC of Thérèse-De Blainville adopted a draft by-law to change the designation of the golf course in its development plan. This would go from “golf” to “residential in a landscaped environment”. However, the Ministry of Municipal Affairs and Housing (MAMH) gave an unfavorable opinion on the project. In a letter sent to the MRC in September 2021, the MAMH concludes “that certain elements of this project do not comply with government guidelines for land use planning relating to transport planning”. According to the Ministry, “changes in assignment” and “the addition of large-scale residential projects” could “aggravate existing traffic problems”. Following the unfavorable opinion of the Government of Quebec, the MRC decided last March to suspend its efforts to modify the assignment of the former golf course. It is this resolution that Quartier Melrose inc. before the Superior Court.

A land contaminated with mercury and arsenic

In the fall of 2021, The Press had revealed that the site of the former golf course does not comply with “the intended residential and commercial uses” due to excessively high levels of mercury and arsenic. The analysis had been commissioned by businessman Sylvain Ménard following a $27 million purchase offer made to the former owners of the Rosemère golf course. The report notably indicated mercury and arsenic contamination levels above standard B, which is required to authorize a residential project. Sylvain Ménard then withdrew his purchase offer, and it was the current developer, Quartier Melrose Inc., who acquired it for $18 million in 2018.

A project refused by Rosemère

In the spring of 2021, the new owners of the golf course proposed a subdivision project, which was refused by Rosemère. According to the municipality, this “did not fit with the urban vision of the city”. Note also that neither the City nor the MRC has in its possession the expert report on the contamination of the land commissioned by the businessman Sylvain Ménard as part of his offer to purchase the former golf course. .

An illegal resolution?

The lawyers of Quartier Melrose inc. plead that the resolution adopted by the MRC of Thérèse-De Blainville to suspend the change of assignment of the golf course is “illegal and must be declared null”. “Indeed, it is clear that the resolution was adopted for illegitimate purposes and according to irrelevant considerations”, and that “the process that led to its adoption is marked by bad faith”, they add. The motion also asks the Superior Court to conclude that the MRC does not wish to change the zoning of the land, which would allow the developer, according to his lawyers, to conclude a disguised expropriation and thus claim “at least” 126 million dollars in compensation. By email, the owners of Quartier Melrose, François Vachon and Patrice Varin, notably indicated that the MRC’s decision has “the effect of completely paralyzing a green, eco-responsible and highly promising eco-district project on the former golf course of the Town of Rosemere”.

The CMM wants to protect the old golf courses

The Montreal Metropolitan Community is currently working on a draft interim control regulation (RCI) concerning the former golf courses on its territory. The objective would be to temporarily protect these lands while the organization completes the review of its Metropolitan Land Use and Urban Planning Plan (PMAD). According to information obtained by The Press, the former Rosemère golf course would be included in the draft by-law. It should be noted that the CMM recently adopted a similar by-law to protect “natural environments of interest” in order to increase the surface area of ​​protected areas on its territory in a context of climate emergency and biodiversity protection.