Trees To Be Moved

Press, Volume CVI, Issue 31143, 20 August 1966, Page 3

Trees To Be Moved

(N Z Press Association* DL’NEDIN, August 19. Two trees will be removed from Woodhaugh Gardens as a result of a court decision on a case —the first of its kind in New Zealand brought by Mr L. B. Clayton against the Dunedin City Council. The 50ft to 60ft trees are on the boundary of Mr Clayton’s property and the sources of annoy-

ance complained of are the falling leaves and the deprivation of sunshine. In a reserved decision, Mr T. A. Ross, S.M., found the trees to be “an undue interference with the applicant’s reasonable enjoyment of his land.” The Magistrate would not have all the trees removed in the area. “It seems to me that the removal of trees three and six will permit some

sunshine on the north wall of the house throughout the year while retaining the best of the trees,” he said. The Magistrate decided the applicant must bear the cost of the removal and said that if the parties were unable to agree upon the details of an order he would hear further submissions. He made no order as to costs.