A business block on the 500 Block of Third Street SE was the focus of a lawsuit that argued the City of Medicine Hat was liable for decline of the area.--News Photo Collin Gallant
cgallant@medicinehatnews.com@CollinGallant
A $1.6-million lawsuit brought against the City of Medicine Hat by a downtown property owner and former alderman has ended with no judgment.
Duane Roset, owner of Roset by Reid jewelry outlet and building owner of a block of businesses at 552 Third St., claimed in his May 2018 lawsuit that the city’s “dereliction of duty” to address his complaints of loitering and vagrancy at the location harmed his business interests.
A statement of defence filed by city’s contracted law firm Parlee McLaws in August that year states the claim is vexatious and the city showed no prejudice in its actions.
After no legal action by either party on the file for three-and-a-half years, city legal representatives applied to have the matter resolved at no cost.
That was granted in Court of Queen’s Bench master’s session on Thursday morning.
Roset, who did not respond to interview requests on Thursday, has long been a vocal critic of City Hall’s handling of the city centre and especially of policing of groups that gathered in front of his business and the adjacent former Tim Horton’s location, which he also owns.
His statement of claim reads that “the city has allowed the location to become an area where drug distribution coexists with baby carriages,” “unsightly, littered with cigarette butts,” despite in-place bylaws that would allow police to disperse persons “which numerous clients have referred to as ‘riffraff.'”
Roset’s claim stated that after 15 years of inaction from his complaints, he sought $1.6 million in damages.
That is broken down as lost income of $750,000, presumably over the 15-year time frame, lost rent of $150,000, loss on the building’s value of $500,000 and relocation of expenses of $200,000.
Roset’s main business moved to a Dunmore Road location in 2017 after his daughter and son-in-law purchased a former city firehall and soon took over the business.
The Tim Horton’s location was closed to the public in December 2020 as strict health measures and capacity limits were instituted, then did not reopen and closed permanently in early 2021.
The adjacent parking lot is now advertised as a pay parking lot.
