NASH v. STIELOW

[1950] VLR 39·BARRY J.
[1950] VLR 39
1950 VLR 39
NASH v. STIELOW Supreme Court of Victoria BARRY J. August 24, 31 August 1949 Local Government — By-laws — Prescribing residential areas — Apartment house business — Restaurant used therewith — User prohibited prior to enactment of by-law — Continued use — Whether affected by Local Government Act 1946 (No. 5203), sec. 197 (7) .

Where premises have been used in a manner prohibited by by-law, sec. 197 (7) of the Local Government Act 1946 does not permit the continuance of such unlawful user on an amending by-law (also prohibiting such use) being passed.

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[1950] VLR 39

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