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Fogarty Expropriation Information

Take Notice that a court proceeding is being held in the Supreme Court of Nova Scotia  Hfx No. 431696 to determine title to two pieces of land in Guysborough County bearing PIDs 35044056 and 35214014, belonging to the heirs at law of Joseph Fogarty.  

The land is vacant and has been expropriated by the Municipality of the District of Guysborough.  An independent appraisal of the land values it at $140,000.  

Joseph Fogarty died intestate in 1907 at Fox Island, Guysborough, Nova Scotia with eight children surviving him.  The heirs at law of Joseph Fogarty are named as respondents in this proceeding because the last deed to the properties was a deed to Joseph Fogarty, dated July 13, 1897. 

The heirs at law of Michael Vincent Fogarty (died 1977) have claimed an interest in the properties based on the use and occupation of the properties by Michael Vincent Fogarty and his descendants.

Any person with an interest in these lands should contact Tipper McEwan of Stewart McKelvey at PO Box 997, 1959 Upper Water Street, Suite 900, Halifax, Nova Scotia B3J 2X2 (tmcewan@stewartmckelvey.com), 902.444.1743 or appear at the Law Courts, 1815 Upper Water Street, Halifax, Nova Scotia, B3J 1S7 on January 15, 2015 at 11:00 a.m.

Copies of the documents filed with the Court can be found by clicking on the links below:

Notice of Application in Court Date Filed- September 26, 2014

Brief of the Applicant Date Filed- September 26, 2014

Affidavit of Marion Bryson Date Filed- September 26, 2014

Affidavit of Barry Carroll Date Filed- September 26, 2014

Affidavit of Betty Dobson Date Filed- September 26, 2014

Affidavit of Service re Frank Fogarty Date Filed- October 8, 2014

Affidavit of Service re James Fogarty Date Filed- October 15, 2014

Affidavit of Frank Fogarty Date Filed- November 5, 2014

First Supplemental Affidavit of Barry Carroll Date Filed- November 7, 2014

Letter to Justice Rosinsky Date Filed- November 10, 2014

Second Supplemental Affidavit of Barry Carroll Date Filed- November 17, 2014

Court Order Date Filed- November 25, 2014

Affidavit of Ashley Cunningham Date Filed- December 16, 2014

Appraisal of Lands Date Filed- September 26, 2014

Affidavit of Ian Sutherland Date Filed- December 22, 2014

Affidavit of Angela Kennedy Date Filed- January 7, 2015

Submissions to Justice Arnold Date Filed- January 9, 2015

Affidavit of Angela Kennedy 1 of 3- Date File - January 9, 2015

Affidavit of Angela Kennedy 2 of 3 

Affidavit of Angela Kennedy 3 of 3 

Supplemental Affidavit of Angela Kennedy - Date Filed January 14, 2015

Fogarty Order - Date Filed January 21, 2015

Affidavit of Florence Kathleen Patricia Campbell - Date Filed February 27, 2015

Supplemental Affidavit of Frank Fogarty - Date Filed March 10, 2015

Applicant Briefing, MODG- Date Filed April 10, 2015

MODG Brief- Date Filed April 28, 2015