ROTORUA BY-LAWS.
: • h .• ■rmgm: ■ A TEST CASE. Mm . •• .■ [BY TELEGEArH OWN' COREESPOXDBSI.]' ; ' a . RoTOEtri,. Saturdty, Ax interesting.. case that had been 'adiourned several times " was concluded is the S.M. Court to-day. The Touriet De- . partment ; sued' a property-owner 1 for i| half cost of kerbing and channelling <& on the road abutting on-his property. Tfe proceedings were instituted under thejjjj- :' laws of the Rotorua Town ; Council, wfijA were', brought again into operation by" a regulation under the Rotorua Town Act 1 of 1907. ' The defence» was ' that the laws had lapsed' on the repeal of the Ad ■ constituting the Rotorua • Town -' Council, ! and it was ultra vires to reinstate' them K- > cept by proceeding de novo; hat the copy of the by-laws produced in; Court was at sealed ; that the footpath in questioniJm been legally constructed before the ketV [ ing and channelling was done, . which vai : therefore only an improvement, or mail* - tenance ; and that the kerbing was- on tin ; edge of a cycle track, and not of ; a footl path. The case is a test one, and hae > cited much interest, as the decision - many properties. Mr. Dyer mm 3 written judgment shortly. r " " tit
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Bibliographic details
New Zealand Herald, Volume XLVI, Issue 14110, 12 July 1909, Page 4
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195ROTORUA BY-LAWS. New Zealand Herald, Volume XLVI, Issue 14110, 12 July 1909, Page 4
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