The Quebec Court of Appeal on Friday dismissed a motion by Meadowbrook Golf Course developer Meadowbrook Groupe Pacific, regarding the latest version of a lawsuit against Côte St. Luc that has wound its way through the courts for 15 years.

Côte St. Luc was originally sued by Meadowbrook’s developer in 2000 when the city changed the zoning of its part of the golf course site from residential to recreational and commercial. Developers have been wanting to place housing on the site, half of which is in Lachine, for more than 25 years.

The original lawsuit was on the backburner for years, until Groupe Pacific changed its lawsuit to claim $32 million — $19 million of which was to force the city to basically buy the part of the land in its territory — a land swap: and $13 million for loss of profits, reduced by Quebec Superior Court from $20 million.

Quebec Superior Court found that the revised case was a “new recourse” not allowed by the Code of Procedure, and did not allow the company to pursue the $19 million claim. The court also found Groupe Pacific to be the cause of the original lawsuit being in limbo for some 12 years.

Now Groupe Pacific wants to amend its lawsuit once again, to claim another $20 million. The developer wanted the Quebec Court of Appeal to state its opinion on the merits of such a re-amendment to the Quebec Superior Court. That appeals court hearing took place Friday and lasted three minutes.

“Their appeal to the Court of Appeal was dismissed,” said Côte St. Luc Councillor Dida Berku. “They wanted an opinion from the Court of Appeal as to whether or not they were precluded from claiming another $20 million. The judgment states that if they want to re-amend to claim another $20 million, they have to go back to Superior Court, and the Superior Court will decide. The Court of Appeal will not decide on the merits of their re-amendment in advance.”

Berku said the Court of Appeal judgment was basically quoting Côte St. Luc’s position in this matter.

joel@thesuburban.com

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