COMPENSATION COURT.

Dominion, Volume 2, Issue 558, 13 July 1909, Page 2

COMPENSATION COURT.

' •Argument was heard' before Dr. ; A!. M'Arthtir, S.M;, ;in the case of RV,Q, ,H, Burn. v. • the Council,' aa. action for compensation in respect' of/damage alleged to 'have'- been caused to claimant's property; by tho council's road-widening; operations. Previous to this be&ring, ,'tho: case had been before the Magistrate, and-Messrs., .J; C. M'Kerrow, and' Gerald Fitzgerald ai assessors, when cliiimatrt was ■ awarded : the sum of £30,105., if it wero proved that ho was legally eiltitled '.to-; compensation!; There w^re'-iseWal. law-points ..reserved:;for argument,'and it was in; order to. decide these" that ;tho Magistrate'. sat/yestefdaj , :. .■; •';■■■ •'';. ' .; Mr. Xbn 'Haait l appeared, for J claimant,'' ami; Mr. .'Johnston for defendant:,:-' '.%;''■'.'.;' :. ;.Tlie 1 br the.' parties, set"bujfithat fth'e' STarori'.Boaa'.was .formedf by,.the i New, Zealand Company as a twelyq..feet'.wide ti;ack,' l .in;.tho' time' of-Sir .■(Jeorgi; < ■that; .time,':)t -'has .beinthe! .following . authorities';'haVi i had xontrpl of and spent ■. niohpy upotf'it:--"' ,Tlie, authorities;, .under, th^'. Provincial.';Sta-.' tiitfl; the Kajori : Road 'BoaW.'v the and 'Maltara Road Board, the 'Wfelling-' tpnbistrict Highway. Board, the yKarori apid' ; - , Makara' ;, 'E6a , d' : BVßrd ) ,^a'nd.'' v, th^ p ''Ka'iiori:'. Borough. Councils the'last of' which wae:first constituted in ;1891'. •: Thb plan width of,*tho road is 66 feet.' Tho' road,' both at tho tittio tie. claimant purchased his 'kiid;"at(d immediately : prior' to j the' altetation's ;, of tho level ", in, respect.'of which compensation is claimed, ■was fermedand metalled for abe'tit IT feel., ■in,'.width',' with; a; grass' bank"on thoclaimi,. ant's side, and a : low .level leading to.Park A'ale.lload on ihe other"; side. Thero- were water ta-Wes, j but no fbetpaths, channelling or kerbing.; Tlio "road :has ' been repaired ; frpm- time 'to time,; as occasion required;, comprehensive scheme of metalliog . was ever adopted prior to tlio; alteration of the level. The increase in the ,formation has been gradual.'V In July, 1902,; 'the council decided to call, for tendens for ixi.ng: tho levels' of tlio': principal ;streets. 'i hut, ■ in'. September, 1902Ji■;■ it was decided. that nothing bo , done, as the tenders wore too high, and:the levels have not yet been; fixed,., but ; : meanwhile... tlie. road ■ has : becii' widened and tho tram:extended to It ,is admitted that: the v r6ad.'.'js, :and .has been, at all times, material to this a v public street,, and whatever ,has been'done ■to.'it, 'bus been/dono:; having power, to do so.V : _' '~■:;■'.;'.■; '■.'. ■: '•'■•. The; question for' decision was, whether at the, tinip of tho alteration .of certain levels in respect of , which the claimant

claimed , compensation,, tho road had v : been constructed in some pni'manentmaniier-with-in the meaning ; of Section 246 of The Municipal Corporations Act,. 1908.:. .-, '■ ' Aftor argument had been -heard, 'Dr. M'Arthur announced that he would give hie . decision on July 20.': -.-.-■''■..' ;■: , v /;■,;.■': ' •