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2 -- PORT PERRY STAR -- Tuesday, December 8, 1987 Judge reserves decision (From page 1) breach of the by-law." Mr. Stewart, acting for Fletcher Tesluk, argued that there is no evidence the municipality ever legally closed or stopped up that portion of Shanly Street. He said the municipality has spent money to gravel part of it for a parking area, and it is travelled by vehicles and pedestrians "It (that portion of Shanly St.) 1s a public road, not a good one, but it doesn't have to be a good one,' said Mr. Stewart Mr. Stewart also argued at length that the Township's application for an interim injuction is an "'extraor dinary. remedy," one that should be used only when other avenues for solving a problem have been exhausted. "An extraordinary measure (tem- porary injuction) should have an ex- traordinary reason,' said Mr Stewart "The fact that some councillors (from Scugog) don't consider this a road 1s immaterial," he stated Mr Stewart asked Judge Lawson to deny the temporary injuction ap- plication and let the matter go to trial for a permanent injunction, which the Township is also seeking After hearing the arguments late Friday afternoon, Judge Lawson said he wanted time to review the evidence presented and indicated he will hand down a decision some time this week. The application for the injunction had been slated to go to court back in September, but was adjourned to December 4 when Fletcher-Tesluk filed for a writ to force Scugog to issue a building permit for the structure. If the application for the interim OR ALLYOE GIFTING NEEDS injunction is denied by Judge Lawson, the municipahty will seek a permanent injunction to force the occupants out of the building and to "have it removed from the site The building in question was mos ed last May from its location on Queen Street where it used to be the real estate office of Mar) Tripp Realty Fletcher-Tesluk own the building but are leasing the lot on Shanly Street. They have been using the building for a law office since May. Meanwhile, Fletcher-Tesluk are in the process of preparing an ap- plication to the municipality for con- struction of a multi-million struc- ture along the north side of The Shan- ly Street road allowance between Perry and Water Streets. The pro- posed building, several stories high, would have a mix of commercial and condominium residential uses. Spread the worg SHOP LOCALLY PORT PER R THE BEST SHORPEED TO ROAM ING'S A T HIS MESSAGE IS SPONSORED BY THE T HOME -- PORT PERRY SCUGOG CHAMBER Of COMMERCE The smurfs came to Port Perry last Sunday afternoon and helped entertain both the kids and adults as Lukes Country Store held their annual "Kids Day". For the past nine years the Lukes have set aside one Sunday afternoon near Christmas, and allow only children into the store to shop for gifts for their parents. Hundreds of kids took the opportunity to get "surprise" gifts for mom and dad, and also to have their pictures taken with the three Smurfs who were present. Above, photo shows the Smurfs with some of the kids who just finished shopping. Thanks to ... HOMESTEAD FURNITURE & APPLIANCES and STEDMANS | DEPARTMENT STORE or the use of their trucks to transport Christmas Trees." @® "nS 1st PORT PERRY GROUP COMMITTEE in AID OF SCOUTING MOVEMENT Support SCOUTING'S Annual Christmas Tree Sale. FROM DECEMBER Sth to 19th 4 150 Only -- SCOTCH PINE CANADIAN TIRE STORE PORT PERRY PLAZA Monday - Friday 4:30 PM to 8:30 PM Saturdays 10:00 AM to 6:00 PM Sundays 1:00 PM to 5:00 PM sponsored by 1st PORT PERRY GROUP COMMITTEE in Aid of Scouting Movement CEG ge