SUBDIVISION LAW

Northern Advocate, 13 July 1925, Page 4

SUBDIVISION LAW

RIGHTS OF COUNCIL,

APPEAL COURT QUESTIONS

WELLINGTON, This Day.

The Court of Appeal is. hearing ait appeal by the Palmerston North Borough Council agai'ist the decision of Mr Justice Reed, given 011 July 9, John Casey is the respondent;

The facts were that the respondent submitted, under Section 335 of thQ Municipal Corporations Act, 1920, & plan, of subdivision of land prepared by a licensed surveyor, showing allotments and a. propx-ed street. Permission was granted, in accordance with the existing conditions relating to thai construction of private streets. street was then formed and metalled as specified, but when the instrument 035 dedication was forwarded to the Council for execution that body demanded that £465 be deposited for tarring anj sanding the road. Respondent objected to the sum, eventually paying it under prrtest and then bringing an action ae?inst the Council for the recovery of the amount so paid.

The Judge decided that the responclei;* was entitled to the refund, and! tlii: finding is now appealed against. —Press Assn.