A BY-LAW CASE.

Colonist, Volume LVII, Issue 14155, 18 April 1916, Page 4

A BY-LAW CASE.

'CLAIM FOR COMPENSATION DISALLOWED. Tiro judgment of Mr Justice Denniston in the Motueka compensation ea.se was yesterday read by the Deputy Itojgistrar of the Supreme Court at Nelson (Mr FitzG^rald). The mat tor took the 'shape of a motion by Mrs Boundy (the ! v}i>im:V'i) i'or U"> pavrneiit to her of 'the amount fixed by the Compensation Court at Motueka for the depreciation to her property caused by a by-law oomipelling her to'build 18ft back from tho ~(;„ o, ifjo stro-i't. A:hl there wa-s a nnss-motinn hv iho M'otiieki Borough for the refund of thy- compensation mon-.'v. v, hicb tiu-'V hn:\ \a\\d into theVukY)'- 'Tmst f.}?.:!:^ witli n view of getting the decision of tlie Supremo Court thoroon. Tho judgment devided that the land was injuriously affected as .soo.n ;\a the by-law was passed, itiid as Mrs Boundy was not thc-n the o'.rnor of tho l;md she was not eiitided to compen;ui- ! tion. Her motion for payment was 'therefore dismissed, and tho borough's cross motion for a refund to it of^tho money paid in was allowed, v.-ith^S 5s costs "against the •claimant. .Mr Barley appeared for the claimant, and Mr jHayes (instructed by Messrs Easton end XK'holson) for tho borough. j