FENDALTON SHOPS

Press, Volume CVIII, Issue 31775, 4 September 1968, Page 14

FENDALTON SHOPS

Appeal Again Deferred

The adjourned hearing of the Turner family partnership case to the Town and Country Planning Appeal Board for approval to establish a supermarket and shopping block at 19-23 Memorial Avenue, set down for the board in Christchurch yesterday, was cancelled. The board started the hearing on November 22, but adjourned it after Mr J. G. Leggat, for three objectors, challenged the board’s right to hear the appeal. He claimed that the Turner plans showed use of land not owned by the partnership. On February 5, Mr Leggat applied to the Supreme Court for a writ of prohibition. This was refused in judgment given by Mr Justice Macarthur on July 5 He said that the board had jurisdiction over the land owned by the Turners.

The board set September 3 as the date for the resumed hearing, but, because the judgment was subject to appeal for a period of three months, and the position of the plaintiffs, the Rev. L. F. Allison, and Messrs J. C. Marshall and E. L. Bonisch, had not been clarified, the board agreed at short notice to cancel the fixture. In the absence of an appeal, a new date for the hearing will be fixed after October 6.