An independent report says city officials kept a developer in the dark when they were trying to expropriate his land.

George Ulyatt, the lawyer who oversaw an inquiry into the Parker land expropriation, says it appears there was a conscious effort to keep developer Andrew Marquess unaware of a drainage pond plan for his property.  

“…the evidence demonstrated a course of conduct contrary to the city objectives of fairness, openness and consultation. In fact, the evidence demonstrated that the city was, at least to this inquiry officer, secretive, uncommunicative, and non-consultative…” wrote Ulyatt.

Ulyatt goes on to deny the expropriation saying the city has failed to show the taking is fair and reasonably necessary. Ulyatt’s report is non-binding as the city makes the final decision.

The city engaged in a controversial land swap with Marquees for the property in 2009. City Council changed course, agreeing this year to take back 20 acres for the drainage basin aimed at preventing basement flooding.

Winnipeg CAO Doug McNeil says the administration will now prepare its own report on what the city should do next.

“We can accept the recommendation, we can reject the recommendation or we can amend the recommendation,” said McNeil.