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CURRENT PROJECT: Rundle Plaza Liquor Store - Appeal

The community of Rundle and it's residents request and petition Mr. Ali Jomaa, BComm, JD, Esq.,'s (Co-Founder of Greenfield Development Corp.) & Director of Highwood Projects Inc. to withdraw his personal authorization for their tenant to appeal a Development Authority refusal to permit development of a Liquor Store -29 Meters in front of a Children's Daycare & Pre-School in the Rundle Community of Calgary, Alberta, Canada. A Signed Copy of Mr. Jomaa's Personal Authorization, is here.

PETITION

Sign the Petition Here

Purpose

Calgary Subdivision and Development Appeal Board (SDAB)

Review of Development Appeal Project:

RUNDLE - 3735 Rundlehorn Dr NE (C-N2). Change of use: liquor store. Appeal against a refusal. SDAB2017-0013

Mandate of SDAB

The Board is independent from The City of Calgary Planning Department and is comprised of citizen members. The SDAB makes decisions in an impartial manner and applies the principles of natural justice and procedural fairness, which includes but is not limited to: the right to a public hearing; a duty to be fair; the right for all affected parties to be heard; the right to an adjournment if the SDAB determines it is merited; and the right to legal counsel.

Background

APPLICATION FOR LIQUOR STORE ADJACENT TO A PRE-SCHOOL

On or about 1 December 2016, Mr. Devinder Toor of 556 Patterson Grove SW, Calgary, Alberta Cell Phone: 403 850 9846 Email: paylessliquorstores@yahoo.ca owner of Payless Liquor Store, a tenant of Rundle Plaza, owned by Highwood Projects Inc. , applied for a Change of Use permission from the City of Calgary Development Authority team for construction of a liquor store at 3735 Rundlehorn Drive NE, Calgary, Alberta. The application was authorized by an officer of Highwood Projects Inc., namely, a Director, named Mr. Ali Jomaa, BComm, JD, Esq. (proof).

REFUSAL OF APPLICATION FOR LIQUOR STORE ADJACENT TO A PRE-SCHOOL

On our about January 11, 2017, the Calgary Development Authority refused the application, for a variety of reasons (see below for the letter).

a) Parking Limitation

b) Concern of "proliferation effect to community, of liquor stores; proximity to other liquor stores and school"

c) Calgary Police Service concern respecting the safety of the children and staff to Brightpath Child Care Facility

Our Comments:

• The proposed liquor store is less than the allowable 150 Meters distance from a registered childcare facility (also known as a pre-school) (SEE PHOTOS BELOW).

BYLAW 225 (e) - City of Calgary Land Use 1P2007 States:

in all commercial and industrial districts, not including the C-R2, C-R3 and CR20-C20/R20 Districts, must not be located within 150.0 metres of a parcel that contains a School – Private or a School Authority – School, when measured from the closest point of a Liquor Store to the closest point of a parcel that contains a School Authority – School or a School – Private;

• Given the age of the children, we should afford this location with a higher standard of care.

ADDITIONAL SUPPORTING REASONS FOR REFUSAL: COMMUNITY LEADER COMMENTS

The community does not want it. Proof (see below); letters supporting the refusal of the liquor store came from:

• the Rundle Community Association (President, Sue Holt) - Letter is here
• the Rundle Community Councillor, Ray Jones, Ward 5 - Letter is here
• the City of Calgary council initiated multi stakeholder group, LEMAG, the Licensed Establishment Multi Agency Group. Kent Palliser - Letter is here
• the City of Calgary Police Department; Crime Prevention Through Environmental Design section. Shirin Radmehr, CPTED Coordinator - Letter is here

APPLICANT'S DECISION TO APPEAL

On or about January 24, 2017, the Applicant, Mr. Devinder Toor submitted a notice of appeal to the Calgary Subdivision and Development Appeal Board.

RUNDLE COMMUNITY GENERAL PUBLIC OPINION

As members of the general public, we are in agreement with the Calgary Development Authority and our Community Leaders, for the original refusal of the application. Especially to do the proximity to our neighborhood preschool. We do not understand the motivation for Mr. Toor to seek to appeal for the sale of liquor so close to children.

What Do We Seek?

(1) Rather than waiting for the SDAB to consider refusal of the appeal from Mr. Devinder Toor and his company: Payless Liquor Ltd. during it's public hearing on 9:00 a.m. Thursday, February 9, 2017, we believe it is more effective to seek support of the parcel owner, Highwood Projects Inc., and it's Director, Mr. Ali Jomaa, BComm, JD, Esq., to withdraw his personal authorization for their tenant to appeal a Development Authority refusal to permit development of a Liquor Store - 50 Meters in front of a Children's Daycare & Pre-School in the Rundle Community of Calgary, Alberta, Canada; as evidenced by his signature affixed to this letter: proof. Withdrawal on what basis, for the reasons listed below.

(2) In the event Mr. Jomaa is unable to withdraw his authorization to Mr. Toor and Payless Liquor Ltd., we seek that SDAB to refuse Mr. Toor's appeal; for the reasons listed below.

Comments from the General Public

REQUEST TO WITHDRAW AUTHORIZATION GRANTED TO APPLY FOR - or APPEAL - A LIQUOR STORE DEVELOPMENT

We, the concerned Rundle Community, request Mr. Ali Jomaa, Esq.,'s (Co-Founder of Greenfield Development Corp.) & Director of Highwood Projects Inc., to withdraw his personal authorization for the company's tenant [Mr. Devinder Singh Toor and Payless Liquor Ltd.] to "apply for any and all DP & BP for Liquor Store". This authorization would be inclusive of any appeal to the Development Authority, by Mr. Toor, in the event of initial development refusal.

BACKGROUND ON MR. ALI JOMAA, BCOMM, JD, Esq.,- PUBLIC RECORDS

• Mr. Ali Jomaa, BCOMM, JD, Esq., professionally, is a lawyer (see proof below) and personally, he is a real estate investor and developer.
• Professionally, Mr. Jomaa is a practicing lawyer in the Province of Alberta and a member of the Law Society of Alberta (see below), at the Law firm named as: LACOURCIÈRE LLP. The Law firm is domiciled at 390, 800 6 Avenue SW Calgary, AB, Canada T2P 3G3 (www.lacer.ca).
• Personally, Mr. Jomaa is a co-founder of the company Greenfield Development Corp. (www.greefielddev.com) (see proof below), which publishes on it's website that: it's principals "currently own Rundle Plaza Wholly owned 20,000 sq ft retail strip plaza (opposite Sunridge Mall) in Calgary on 36 St and Rundlehorn Dr NE" . The company is domiciled at "Suite 390, 800 6th Ave S.W., Calgary, Alberta, Canada." The same address as the law firm LACOURCIÈRE LLP.
• Land titles documents indicate that the title holder of title number 151327747, (civic name: Rundle Plaza) is Highwood Projects Inc., and this company is domiciled at 390 - 800 - 6th Avenue SW, Calgary, Alberta T2P 3G3. The same address as the law firm LACOURCIÈRE LLP.
• A City of Calgary Notice dated November 29, 2016 (See below for a copy of proof - page 25 (of 39) states that Mr. Ali Jomaa is the Director of Highwood Projects Inc.,

FORMAL REQUEST TO MR. ALI JOMAA, BCOMM, JD, Esq.,

• Mr. Jomaa, we understand that you duly signed and authorized Mr. Toor and his company, Payless Liquor Ltd. to apply for a development permit, which is well within your rights. To this, we have no objection. What you might or might not be aware of, is that Mr. Toor was refused his application and now, Mr. Toor seeks to appeal the decision. As members of the general public, we believe that this appeal is without merit, not only for the reasons set forth in the refusal letter (See below for a copy of the letter - page 25 (of 39) of the Appeal PDF Document ); but for additional reasons, respecting exposure of a liquor store the children and youth of Rundle. See below for details of our supporting comments.

MITIGATING FACTORS: RECOGNITION OF HIGHER STANDARD OF CARE THAN A NORMAL PROPERTY OWNER: Ali Jomaa, Esq.

• We understand that you are a practicing lawyer in the Province of Alberta; which is a deemed a "professional" occupation and imports a higher standard of conduct BOTH professional AND personally. Indeed, page 1 of 117 of the Alberta Law Society Code of Conduct states

"a lawyer should observe the highest standards of conduct on both a personal and professional level so as to retain the trust, respect and confidence of colleagues and

members of the public. "

• Your Directorship at Highwood Projects Inc. is a personal issue - we understand that. The issue here, is that you are also a member of the Law Society of Alberta and as such, this personal issue is encompassed within the scope of the Law Society's expectations of their members.
• If an appeal by Mr. Toor and Payless Liquor Ltd. is successful, a reasonable person would agree that this appeal will conflict with the high standards of safety, community and crime prevention that our learned community leaders and members of public residing in Rundle, seek to effect, by the City of Calgary Development Authority having recommended against Mr. Toor and Payless Liquor Store's application to develop a liquor store.
• It is clear that members of public residing in Rundle, and their civic, police and non-government representatives do not agree with Mr. Toor and Payless Liquor Ltd.'s appeal attempt.
• Having been admitted to the Bar in 1987 - and given that you don't have any Disciplinary Hearing Reports from 2006 to present day - we appreciate that you clearly function within both the letter and spirit of the Alberta Law Society Code of Conduct on both a professional and personal basis. As such, we understand that you understand what "highest standard of conduct" means, both explicitly and implicitly. We further understand that you understand that - as a member of the Law Society of Alberta - it is vital that you "retain the trust, respect and confidence of members of the public" - both in your professional, and in this case, personal affairs. Given the foregoing, could you please withdraw your signed authorization to permit Mr. Devinder Singh Toor and Payless Liquor Ltd. to "apply for any and all [including appeals] DP & BP for liquor store"? (A copy of which is found here)
• As Rundle community residents, we have patronized Rundle Plaza since it's construction during the late 1970's, and contributed to your thriving personal success as a real estate investor. We understand that Highwood might have owned the plaza since at least 2003.

FURTHER CONSIDERATIONS:

• 10 Meters entrance of proposed liquor store is immediately Facing a child care and pre-school facility (Brightpath Kids)
• 300 Meters from line of sight of an Elementary School (Rundle Elementary School)
• 8 Meters In front of store that is frequented by Children who by Ice Cream and Frozen Drinks
• The Rundle Plaza serves the needs of a diverse immigrant population, and the past 10 years has since an increase of Arabic-speaking, Muslim residents; many of whom are new to Canada or refugees. Many of these residents object to the placement of a store that sells liquor, not because of religious grounds (which, for those who understand Islam, the sale and consumption of liquor is forbidden), but because of the proximity to the children's pre-school.
• Placement of a Real Canadian Liquor Store is immediately opposite the proposed location (to the South) and Britts Liquor Store is to the North).

The Vision Statement for Greenfield Development Corp. - of which you are co-founder - states: http://greenfielddev.com/about/vision/. While Highwood Projects Inc. does not have a website, Greenfield does. Since Greenfield publishes that a Principal (Co-Founder, namely you) are owner of Rundle Plaza on it's website, and since you are Director of the Rundle Plaza, it follows that Greenfield's vision statement is a reflection of yourself, as follows:

• Our mandate is to realize significant gains for our partners through our triple focus:
• Creation of value through the land development process;
• strict compliance to applicable regulatory processes;
• and adherence to ethical and sustainable business practices.

We ask you to consider your vision statement, if you have any reservations respecting withdrawing your signed authorization to permit Mr. Devinder Singh Toor and Payless Liquor Ltd. to "apply for any and all [including appeals] DP & BP for liquor store"

FURTHER READING: Articles

• See this article: How Alcohol Outlets Affect Neighborhood Violence; November 5, 2014 By Alina Tanasescu Turner and Lana Wells
• See below for Crime in Rundle Statistics. Empirical evidence proves that placement of a liquor store so close to a residential area, near children and youth will lead to an increase in criminal behavior. How Alcohol Outlets Affect Neighborhood Violence
• See this article The Role of Alcohol Outlet Density in Reducing Domestic Violence in Alberta, published by Principal Investigator Lana Wells, Brenda Strafford Chair in the Prevention of Domestic Violence, Faculty of Social Work, University of Calgary .

Other Liquor Stores Nearby

X = Other Store

O = Subject Store

Public Notice by Calgary Development and Appeal Board to Prevent this Liquor Store

Refusal - Objection Letters & Empirical Research of the Negative Effect on the Members of the Public

Public Posted Objections by the following parties:

• Members of the Public (given that Mr. Jomaa is Director of the company that owns the land and that he, personally, affixed his signature to the original application, and that he is a member of the Alberta Law Society; which means that he is held to a higher standard of conduct in matters relating to maintaining the trust of the general public - we ask that he withdraw his authorization for the liquor store to Mr. Toor and Payless Liquor Ltd. since we, the members of the public, don't want it.
• the Rundle Community Association (President, Sue Holt) - Letter is here
• the Rundle Community Councillor, Ray Jones, Ward 5 - Letter is here
• the City of Calgary council initiated multi stakeholder group, LEMAG, the Licensed Establishment Multi Agency Group. Kent Palliser - Letter is here
• the City of Calgary Police Department; Crime Prevention Through Environmental Design section. Shirin Radmehr, CPTED Coordinator - Letter is here

Greenfield Development Corp

Public Company Profile

• Ali Jomaa, BCOMM, JD, Esq., Biography
• Public Confirmation of Mr. Jomaa's Ownership or Co-Ownership of Rundle Plaza (as a principal of Greefield Development Corp.)
• Vision Statement
• Contact Us

ABOUT LACOURCIÈRE LLP

Public Law Practice Profile

Law Society of Alberta

Public Law Society Membership Profile

Rundle Neighborhood Statistics

Public Statistics

Crime in Rundle

Public Statistics

Liquor Store Notice of Refusal and Appeal

Public Application

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