Manchester CC v SoS for the Environment
Manchester CC v SoS for the Environment
- 1987
- Rating & Valuation Reporter 27(4) June 1987, 75-79 .
CA 17 April 1987 Appeal by the City Council from a decision refusing the council an order of certiorari and making orders of mandamus requiring them to comply with the SoS`s direction to dispose of surplus land in Manchester by public auction without reserve within four months of the date of the direction under Local Government, Planning and Land Act 1980 s98 . Held that the direction did not conflict with the authority`s duty under Local Government Act 1972 s123 since the direction carried implicit in itself a consent to the disposal required under s123(2) of the 1972 Act and there would be no breach of their fiduciary duty to ratepayers when complying with the directions. Appeal dismissed.
LOCAL AUTHORITIES
CA 17 April 1987 Appeal by the City Council from a decision refusing the council an order of certiorari and making orders of mandamus requiring them to comply with the SoS`s direction to dispose of surplus land in Manchester by public auction without reserve within four months of the date of the direction under Local Government, Planning and Land Act 1980 s98 . Held that the direction did not conflict with the authority`s duty under Local Government Act 1972 s123 since the direction carried implicit in itself a consent to the disposal required under s123(2) of the 1972 Act and there would be no breach of their fiduciary duty to ratepayers when complying with the directions. Appeal dismissed.
LOCAL AUTHORITIES