AN APPEAL ALLOWED.

Shannon News, 7 December 1923, Page 2

AN APPEAL ALLOWED.

DAM NOT AN OBSTRUCTION. At the Magistrate’s Court at Palmerston Wednesday; morning, Mr J. L. Stout, S.M., heard an appeal laid under the Drainage Act by Agnes Elizabeth Schwass against an order made " toy the Horowhenua ounty Gouncil, instructing the removal of a concrete darn situated upon her property./ It was alleged in the order that the dam constituted an obstruction whereby water was divertd. land cut off from the lower owners of property. The appellant was represented by Mr L. M. Abraham, while Mr J. P. Innes appeared for the Horowhenua. County Council. ~ Without hearing any evidence, his Worship' allowed the appeal. He contended that the dam complained of could not constitute an obstruction 1 contemplated by the Land Drainage , Act, which he held was designed .to empower, .local bodies to order 'the removal of obstructions which were calculated to cause damage to) adjoining owners by causing a stream or . watercourse to flood, and consequently he considered that the council had no power to order the removal of the dam in question.