Since a heritage permit is now required prior to undertaking the alteration or demolition of a property, some property owners have raised concerns that market values will be negatively affected – see Ontario Heritage Act: Implementation and Issues. This heritage designation of properties was challenged in a landmark case of 270 Buchan Rd; in May 2019 the Local Planning Appeal Tribunal sided with the homeowner ordering that city to issue permit for demolition. The heritage consultant found incomplete evaluation forms and observations that don’t align with scores in a sample of 50 evaluations. The downfall of the city’s case to protect the home was an admission that 721 property evaluations in Rockcliffe Park were not done correctly and that more errors could be uncovered in the future. In the case of Statler v. Ottawa (City), 2017 CarswellOnt 18749 (O.M.B), the Ontario Municipal Board ("OMB") made the decision that Heritage Conservation District studies adopted prior to the 2005 amendments to the OHA have no force in law; and, that the pre-2005 OHA did not control property, only structures, resulting in the lack of legal authority to regulate land. "The decision of the OMB in Statler v. Ottawa (City) represents a warning to cities across the province that the Board (now the Local Planning Appeal Tribunal) will not allow municipalities to overreach their powers under the Ontario Heritage Act ("OHA")."