Appeal court dismisses 'unusual case' involving former Calgary city councillor

File photo of former Ward 7 Coun. Druh Farrell.

The Alberta Court of Appeal has ruled against a Calgary developer who sued former city councillor Druh Farrell in 2017.

On Nov. 6, the court heard the appeal of four Calgarians, Rocco Terrigno, Mike Terrigno, Antonietta Terrigno and Maurizio Terrigno – all who are associated with Terrigno Investments – over their desire to end their claim against Farrell.

The group sued Farrell in 2017 for allegedly abusing her powers to lobby against a proposed 10-storey building in the Kensington Business Revitalization Zone.

The project was ultimately rejected by city council and Farrell, who was serving as Ward 7 councillor at the time, called the lawsuit "baseless and meritless."

In its decision released Thursday, the Alberta Court of Appeal called the application from Terrigno "a very unusual case."

"The appellants wish to bring part of an action against the respondent to an end without it being adjudicated and to recover costs for the steps taken in relation to the claim they are no longer interested in pursuing," the appeal court wrote.

In its reasons, the appeal court heard that Terrigno sought to have their claim declared "moot" because Farrell is no longer a city councillor.

"They intend to claim costs 'for having been successful at ridding this city of this councillor,'" the decision read.

"They assert the respondent did not run again because they 'exposed her misconduct' and say they 'would certainly have been successful' in showing she had the requisite pecuniary interest to establish a breach justifying her removal from public office."

The court dismissed the appeal against Terrigno.