TARRING OF A ROAD

Wanganui Chronicle, Volume LXXXII, Issue 19359, 14 July 1925, Page 2

TARRING OF A ROAD

LAND OWNER FIGHTS COUNCIL. I CASE GOES TO APPEAL COURT. (Per Press Association.) WELLINGTON. July 13. [ The Court of Appeal is hearing an (appeal by the Palmerston North Borough Council against the decision of | Mr Justice Reed in the case with James 'John Casey, respondent. The facts (were that respondent submitted, under ; Section 335 of the Municipal Corporations Act, 1920, a plan of a subdivision iof land prepared by a licensed sur- ; veyor, showing allotments and a proi posed street. Permission was granted in accordance with existing conditions 'relating to the construction of private streets. A street was then formed and i metalled, as specified, but when the j instrument of dedication was forwardied to the council for execution that , j body demanded £465 be deposited for ; I tarring and sanding the road. The respondent objected to the sum, eventuI ally paying it under protest, and then . (bringing an action against the council I .for the recovery of the amount so paid. IThe Judge decided that respondent was [‘entitled to a refund, and this finding I is now appealed against. DECISION RESERVED. (Per Press Association.) =• > WELLINGTON. July 15. [ After heuritig legal argument Ilii< in the case of the Palmer • ston North Borough Council v. J. .1. ’ 1 Casey, the Court of Appeal reserved its i decision.