Law360 Canada ( October 21, 2022, 1:36 PM EDT) -- Appeal by Annapolis Group Inc. from a decision of the Nova Scotia Court of Appeal that struck its claim for constructive taking. Over several decades, Annapolis acquired 965 acres of land (the “Lands”) with the intention of eventually securing enhanced development rights before reselling it. In 2006, Halifax adopted a planning strategy for land development that reserved a portion of the Lands for possible future inclusion in a regional park. Starting in 2007, Annapolis made several unsuccessful attempts to develop the Lands. In 2016, Halifax, by resolution, refused to initiate the secondary planning process and Annapolis sued for constructive taking, misfeasance in public office and unjust enrichment. A motion judge refused Halifax’s motion for summary dismissal of the constructive taking claim. On appeal, the Court of Appeal struck the constructive taking claim on the basis that Annapolis did not have a reasonable chance of establishing an acquisition by Halifax of a beneficial interest in the Lands or the removal of all reasonable uses of the Lands....