A Co Limerick couple have resolved their High Court challenge over what they claimed was an unconstitutional attempt by the local council to take charge of a part of their home property.
Judith Dixon and Liam McLoughlin claimed the move was unconstitutional because a section of the Act Limerick and City Council cited as the legal basis for its acquisition of part of their property has never been legally brought into force by the State.
The failure to commence the section, they claimed, meant that they could not appeal the council’s decision to take charge of part of their property.
The couple, who reside with their children at The Station House, Curraghbeg, Adare, which is a protected structure, launched judicial review proceedings challenging a notice from the local authority saying it intended to take charge of part of their property.
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The action was against Limerick and City Council, the Minister for Housing, Local Government and Heritage, Ireland and the Attorney General.
On Wednesday, Óisín Collins SC, instructed by solicitor Patrick Cunningham, for the couple, told Ms Justice Niamh Hyland that the case had been settled and could be struck out. As part of the settlement, it has been agreed that the notice issued by the council concerning the couple’s property could be quashed.
It was also agreed that the council would pay the couple’s legal costs.
The action revolved around the council’s decision last September to issue a notice stating that, under provisions of the 2007 Water Services Act, it intended to take charge of part of their lands, which includes an open cut drain, located at Blackabbey, Adare.
The applicants were informed that the council wanted the lands, for which the owners are entitled to claim compensation, to facilitate the construction of residential units in Adare village.
The couple wanted to appeal the decision on grounds including that the taking charge of their land would allow the local authority to come and go over their property, which they said would adversely affect their privacy.
However, they claimed they were unable to advance an appeal because the Minister had failed, by way of statutory instrument, to bring into being a section of the 2007 Act that allows an appeal to be brought against decisions allowing local authorities to acquire land. They claimed the failure to commence that particular section of the Act denied them their constitutional right to an appeal.
They also sought various declarations including that the council’s notice of its intention to take charge of the applicants’ lands amounted to a breach of their constitutional rights, including their rights to fair procedures, and was unreasonable.
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