The State Administrative Tribunal has sided with Citygate Properties in its protracted battle with the City of Bunbury.
After being asked to pay more than $6000 to upgrade a footpath next to his newly-developed property on Spencer Street, Citygate Properties managing director Geoff Prosser took the City of Bunbury to the State Administrative Tribunal.
During the case, the City of Bunbury said Mr Prosser was responsible for upgrades to the property on Spencer Street as well as the adjacent footpath.
Judge David Parry said the City of Bunbury had failed to outline a connection between the property and the footpath.
He also said there was no evidence to suggest the footpath needed to be replaced or upgraded.
City of Bunbury Mayor Gary Brennan said they accepted the decision.
“The tribunal has made a decision and we are obliged to accept that decision, which we have, and move on,” he said.
Mr Brennan said the city determined every development proposal on its merits.
Citygate Properties owns Homemaker Centre, Eaton Fair, and South Bunbury Marketplace.
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