The City contends that it has discretion to grant or refuse access if it is not in the public interest because of concerns for public safety. The City relies on Lopez v. Lloydminster (City)[10] in support of its contention that it has a discretionary right to refuse to grant access for safety reasons. There, an abutting landowner was found not to be entitled to compensation when temporary access to its property was removed for safety reasons. That case is readily distinguishable from the case at bar because there the City of Lloydminster had granted a temporary access to the landowner subject to certain conditions at the time the land was subdivided. The granting of the access was subject to an express agreement regarding the modification of access at some future time. The modification of access was done in furtherance of that agreement and not because of the removal of access for reasons of safety.
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