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Port Perry Star, 14 Feb 1989, p. 5

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Region won't appeal Supreme Court ruling Durham Region will not be appealing a recent Ontario Su- preme Court decision involving Durham and a developers letter of credit worth over $3 million. ' Aung on the advice of the Region's legal department, Dur- ham council decided last week not to ap the January 24 judge- hear down by Mr. Justice Craig. He ruled that Durham must re- - pay $2,150,000 to First City De- velopment and Tamay Realty Co., plus interest for a total of just over $3.1 million. The judge also ruled the Re- gion must pay all legal costs for First City in this case, a figure believed to be in excess of $250,000. Fatal crash A 41-year old Oshawa man was killed February 8 in a two car accident on the Oshawa Road at the 8th Concession. William Avery of Gallahad Drive was pronounced dead at Oshawa General Hospital, despite efforts by edics and firefight- ers to revive him at the scene of the crash.. The driver of the second vehi- cle, Ken Kimmerly of Seagrave was rushed to Oshawa General Hospital. His condition the fol- lowing day was listed as serious but stable. Regional Police say there will be no charges laid in connection with this accident. Back in 1980, First City De- velopments was Rampling to de- velop 540 acres of land in Brook- lin, and the compnay filed an up- front letter of credit of $2.1 mil- lion as part of its $8 million cost to extend sewer and water services from Whitby to Brooklin. When First City decided to back away from the Brooklin de- velopment in late 1983, the Re- ion waited a year, then cashed the etter of credit in September, 1984. The Region took this action because of the clause in the agree- ment with First City which stated that if First City sells or transfers any of the land in question, the Region may draw the letter of credit and use the money to im- prove the sewer and water systems in Brooklin. First City then launched legal action to get its money back. In his ruling, Mr. Justice Craig found that Durham had no legal authority to sign pre- development agreements with the developer, and thus had no author- ity to cash the letter of credit. That ruling could have long range ramifications for Durham Region when it comes to pre- development agreements The $2.1 million has been sit- ting in a special account since September, 1984 when the Re- gion cashed the letter of credit. The Region has not spent any of the principal or the interest. In a lengthy report submitted to council in-camera last week, the Region's legal department says bluntly and appeal most likely would not succeed. PORT PERRY PLAZA 985-8054 -- valentine's day special -- CAN JOIN FOR THE PRICE OF WINTER HOURS: Monday to Friday 8 to 8 PM; Saturday & Sunday Noon to 6 PM. AMADEUS -- 1756 -- edd" SEAFOOD and STEAKHOUSE (BANQUET FACILITIES AVAILABLE) Roast Prime Beef can. Grade ....................... 59.99 New York Steak & Shrimps... 9.99 Fresh Orange Roughy 436-9065 136-9333 1180 SIMCOE ST. N., OSHAWA -- OPEN 7 DAYS A WEEK -- Mon. to Fri. 11:30 AM to 11 PM; Sat. & Sun. 5 PM to 11 PM ATTENTION BUSINESSES ... Thinking of computerizing your business? F803 vga? y ~ A) ] PORT PERRY STAR -- Tuesday, February 14, 1989 -- 5 SECTIONAL SOFABED RE = EN & By Sklar Peppler. Includes double size/sofa bed. corner wedge, incliner loveseat. SAVE $800 SEAT SALE $1,999 Durable fabric with spinal guard double size spring filled mattress. SAVE $170 SEAT SALE $499 KING KOIL SOFA BED . COUNTRY STYLE LIVING ROOM Quality construction. Choice of colours and fabric Sofa Loveseat Wing Chair $599 $839 S379 OAX ROLL TOP DESKS st Exclusive to Wilson's. Solid construction. Some feature marble writing tops, locking file drawers and letter organizers. FROM $1,199 to $1,499 SOLID HARDWOOD DINETTE \ Modern drop leaf table with four chairs SAVE $160 SEAT SALE $499 NEW STYLE CASUAL DINING Durable easy-care bolteflex, four chairs. pedestal table with leaf. SAVE $180 SEAT SALE $899 CHAIRS! CHAI RS! CHAIRS! IBM Compatible HARDWARE, SOFTWARE (i.e. ACCPAC, PLUS, BEDFORD, WORD PERFECT, LOTUS, Queen Anne Wing Chairs... ... $349 Tall Back Swivel Rockers. ..... $199 Solid Oak Rockers........ $199 Solid Hardwood Kitchen Chairs OVER 100 CHAIRS IN STOCK NOW MULTIMATE, DBASE, RBASE) Complete Installation. Training and On-site Service & Support at -- REASONABLE PRICES -- NO CHARGE for INITIAL CONSULATION Business Consulting * Grant Assistance Mon.-Wed. 9-6 Thurs.-Fri. 9-9 Saturday 9:30-8:30 20 CENTRE ST. N. DOWNTOWN OSHAWA, 723-2268 We validate parking -- in Contre St. Qarage [-) acreas the etrent \ ~~ WILSON FURNITURE call .. (ae) 985-8576

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