CATHEDRAL SQUARE.

New Zealand Herald, Volume LXVI, Issue 20255, 15 May 1929, Page 16

CATHEDRAL SQUARE.

COUNCIL LOSES CASE.; COURT GRANTS INJUNCTION. i BUILDING TO BE REMOVED. [BY TELEGRAPH. OWN CORRESPONDENT. ] CHRISTCHURCH, Tuesday. The application for an-injunction to restrain the Christchurch City s Council from orocting conveniences in Cathedrnl Square, and for the removal of the existing tramway shelter, lias been granted by Mr. Justice Hcrdrmm. Action was heard in Christchurch some weeks ago, when the plaintiff was nominally the At-(orney-Geticrnl, and tho actual plaintiff was Mr. George Gould, chairman of the "Savo tho Square" Committee. Tho Mayor, councillors and citizens of Christchurch were the defendants. Tho plaintiff claimod (a) an injunction or order restraining tho defendant corporation from erecting public conveniences ond buildings required for tho purpose of tho city tramways upon the Godley Statue block reserve, or upon Cathedra] Square; (b) a mandatory injunction to abate a public nuisance caus.ed by a tramway shelter and offices at present existing upon tho reserve or upon Cathedral Square, and a mandatory injunction to remove tho samo and to restoro tho reservo and Squaro to the condition in which they were before tho erection of these structures. Mr. M. J. Gresson, with him Mr. D. E. Wanklyn, appeared for tho plaintiff, and Mr. A. T. Donnelly, with him Mr. R. J. Loughnan, for tho defendants. His Honor, in his judgment, said tho prohibition against the removal of the statue of John Robert Godley contained in an early Act had been disregarded by the City Council. "Apart from any legal questions," he added, "tho dispute really resolved itself into ono about a boundary, and as to that plaintiff's evidence was never seriously assailed. There can therefore be but one course open. Tho litigation must end in favour of the plaintiff." In granting the injunction ITis Honor slated that it should not be issued until the City Council had had time to consider tho situation, but that the documents should be sealed and prepared forthwith. The council has now four months in which to consider tho lodging' of an appeal. Tho effect of tho injunction is that all the western portion of the Square, with the exception of a chain wide roadway around the building line, must be restored to its original state.