The appellants appealed the Engineer's Report regarding the repair and improvement of the Mills Drain.
The proceeding was initiated by the Township of Dover following a notice of repair from an owner in the Township of Chatham.
The Engineer surveyed and recommended work on the entire drain, including portions in Chatham, without specific instructions or a proper petition.
The Tribunal found irregularities in the process and held that the upstream work in Chatham should remain in the Report but not proceed until requested by an assessed owner or recommended by the Chatham Drainage Superintendent.
The downstream work was ordered to proceed.
The assessment appeal of Phyllis Brodie was dismissed.
The Engineer's account was approved, but he was denied compensation for attending the hearing or amending the Report due to his role in the procedural irregularities.
