OLD DISPUTE REVIVED.

Auckland Star, Volume LX, Issue 204, 29 August 1929, Page 10

OLD DISPUTE REVIVED.

TAKAPUNA SUBDIVISION. CONFLICT WITH COUNCIL. SPECIAL BOARD SITS. A three-year-old struggle between D. R. 0. Mowbray and the Takapuna Borough Council was revived at a sitting this morning of a special board which considered an objection to a decision of the, council to disapprove of plans submitted for a proposed subdivision of land. Mr, F. K. Hunt, S.M., and Messrs. N. A. Duthie and A. G. Walker presided, and Mr.. MeVeagh appeared for the appellant, Mowbray, and Mr. Gould lor the nmnieipai authority. When Mowbr&y offered plans for a proposed subdivision of the landj the council disapproved, and in November, 1927, after a hearing in'the Supreme Court, Mr. Justice Herdman ordered that unless the respondent showed cause why it ehouid not'approve of the plan, a writ of mandamus should be issued to compel it to perform the duty. In December, 1928, the appellant proved that the re* spondent had refused to approve, of the plan and that it had been influenced by an extraneous consideration. Mr. Justice Grazer delivered judgment,.made an order for the consideration and/approval of the plans by the* council and decided that tho appellant was entitled to the ■writ of mandamus. Costs Were given for plaintiff as on a claim for £500. In, February of this year the council notified the appellant of a resolution it lad passed stating certain requirements —that a reserve of uniform width, 33ft, ehouid be laid off, and made along the full width of the lake boundary, and that a street, 66ft wide, should'b& laid off over the full width of the land. Appellant objected to the decision of the respondent on the grounds ihat the requisition was not made in good faith, and that in any event, the area required to be set apart was excessive. Also, he declared; no means of approach was provided for the area to be reserved and laid off. It was contended that the plan provided for all reasonable., roading requirements and was in accordance with the council's by-laws. After the position flad been outlined )>y Mr. McVeagfc, the board adjourned to 'inspect the property. ', . (Proceeding.)