A Traralgon green grocer has lodged a complaint with the Independent Broad-Based Anti-Corruption Commission as part of a year-long stoush with Latrobe City Council over the status of a laneway next to their business.
The Tripodi family has reported Latrobe City chief executive Paul Buckley over the protracted saga which came to an effective end on Monday night.
It began in 2012 when the Tripodis wanted to erect higher-than-average gates at the start of Deakin Lane, next to their fruit and vegetable shop in Traralgon’s Deakin Street, to “stop the rif-raf after hours”.
The request turned into a lengthy legal debate about whether the lane was part of the Tripodis’ land, or a public road.
Based on their legal advice, council officers recommended council give the community notice of its intention to declare the lane a public road.
But the motion was lost as it did not gain support from enough councillors.
“It’s a great decision, finally,” Gino Tripodi said.
“The title is in a sole proprietorship, it was never dedicated to be public through the history of its subdivision, it was only designed to service the blocks (taken up by the Tripodi business), therefore the only one that could dedicate the laneway to be public is the owner, doctrined by law.”
Some councillors were too conflicted by the issue to vote on the matter, with councillors Sandy Kam, Kellie O’Callaghan and Sharon Gibson abstaining.
Cr Graeme Middlemiss said he had “no real idea of how to solve this issue” and he was sure it would end up in the Supreme Court.
“The (legal) advice (to council) is very compelling, but Mr Tripodi is equally as compelling,” he told Monday’s meeting.
The motion to announce council’s intentions to declare the lane a public road was supported by crs Middlemiss, Darrell White and Christine Sindt, with Peter Gibbons, Michael Rossiter and Dale Harriman opposed.
Mr Tripodi now intends to erect smaller gates at the laneway that do not require council approval.
Council declined to comment further.
