Richard Gleeson
Northern News Services

NNSL (Jul 03/98) - Marcel Bourget has his car back, but the city says he could have had it back any time he wanted it.

And that's about as close to agreement as the city and Bourget, who had been battling the city over the state of his property for years, get on just about anything.

"He asked if he could have it back and we said he could take it," said director of planning and lands Bob McKinnon. "He was fortunate it wasn't disposed of," said McKinnon.

Bourget said his 1962 Bel Air station wagon was hauled off his property at the bottom of 44th Street last year. The city said the car was removed in 1996, because it was on a right-of-way adjacent to Bourget's property.

Bourget said the city was pressured into returning his car by an Alberta lawyer he hired to get it back.

McKinnon at first said the city gave it back, "because we did not want it," but later said "no comment" when asked if correspondence from Bourget's lawyer had anything to do with the decision.

The vehicle Bourget picked up Thursday was far worse for wear and tear.

"They massacred the car," said Bourget. "Every window was broke. It's terrible what they did.... I'm going to get an estimate and present the city with the bill."

The return of the vehicle was the last battle in a 20-year war over the property. Neighbors and the city have been unsuccessfully trying to force Bourget to clean up the property for years.

One of those attempts led to the city and Bourget signing an agreement in 1984.

The city agreed to acquire a six-metre strip of commissioner's land adjacent to Bourget's property and transfer title to Bourget. In exchange, Bourget agreed to give the city a small block of land on the other side of the street and clean up his property.

But the city never transferred the strip of land, on which the car was sitting and Bourget never cleaned up his lot. He contends that he has title to it anyway, by virtue of the fact he has been using it for more than 10 years.

In the agreement, the city also said the Bel Air station wagon could stay on the property.

"They've never approached me or phoned me to say, 'We've got a problem,'" Bourget said. Any communication the city has initiated has consisted of warnings, notices and seizures, he said.