A Windsor woman is planning on suing the City of Windsor and Mayor Drew Dilkens for $5.2 million over the expropriation of her home near the airport.
Rose Tako was formerly expropriated on March 31, 2016.
The Statement of Claim sent to CTV News stated “they did so without having obtained any appraisal as to the subject property value and without making any offer on under Section 25 of the Expropriations Act.”
The Statement of Claim has been sent to the city, but it has not been filed, according to one of Tako’s lawyers.
“I’m trying to protect my client’s right,” says her lawyer Ondrej Sabo. “Unless a deal can be reached shortly we will make a claim on this.”
Tako’s parcel of land is located at 6450 County Road 42, wedged between airport lands. She was asked to vacate the premises as of July 12, but that date has been extended to October 12.
Tako’s claims against the city and mayor for “punitive and aggravated damages in the amount of $5,000,000; damages for bad faith and breach of statutory duty in the amount of $200,000; damages for mental distress in the amount of $50,000.”
Tako, a retired school teacher, has lived in her home since 1980.
“She has no place to go,” said a statement from her other lawyer Paul Ledroit. “She has asked to stay on until she finds a new home but the city refuses.”
The Statement of Claim says on June 29, 2016 the defendants finally sent a formal Section 25 offer, which was in the amount of $150,000.
Tako obtained her own appraisal of the property, with an expropriation value of $235,000, according to the Statement of Claim.
Her lawyer went on to say “the city, in the last few days, has paid off her old mortgage and given her $10,000.”
Tako’s lawyer said the city has no need for the property in the near future.
“It is part of a long term plan in the hope that sometime in the future a developer may want this property,” he said.
In July, Dilkens said the city will pursue economic development opportunities at the site.
