A BUILDING BY-LAW
APPEAL AGAINST MANDAMUS. The Court of Appeal was occupied yesterday with a case regarding the rights of a local body under one of its by-laws. On the Bench were Their Honours Mr. Justice Sim, Air. Justice Hosking, Mr. Justice Salmond, and Mr. Justice Stringer. The case was one brought by the Takapuna Borough Council (Auckland) against William Esmonds Lennox Napier (student), who bad been granted a mandamus regarding a building permit, in Auckland, by His Honour Mr. Justice Adams. Napier, the owner of a section at Takapuna, had applied to the Borough Council for a. building permit. The council had refused him a permit under section XII of its by-laws, on the ground that tho land contained an area of less than ono rood. In granting a mandamus, Mr. Justice Adams eaid that in his opinion the by-law was altogether unreasonable. From that decision, tho borough council appealed. Yesterday Mr. T. F. Martin appeared for tho appellant council, and Mr. J. H. Luxford (Auckland) for tho respondent. After hearing argument, the Court reserved its decision.
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Dominion, Volume 15, Issue 3, 28 September 1921, Page 9
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178A BUILDING BY-LAW Dominion, Volume 15, Issue 3, 28 September 1921, Page 9
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