An amateur soccer club must leave the playing pitch it has used for more than 40 years to make way for a new Aldi supermarket, the High Court has ruled.
Ballybofey United has played and trained at Finn View Park since 1971 but the owners of the ground, the Butt Hall Trust, want to finalise sale of the lands to the German supermarket giant for development of a new store there.
The trust said the sale would help ease the financial burden on it following completion of a local arts centre in the town.
After planning permission for the development was granted by Donegal County Council in 2012, the owners asked the club to vacate the site. The club refused, claiming it had a sporting lease over the lands.
Today, Mr Justice Paul Gilligan ruled the trust is entitled to an injunction, to apply pending a full hearing, compelling the club to vacate and hand over possession of the lands.
The trustees of the Butt Hall Trust, whose mission was described as to provide entertainment and education to the people of Ballybofey, initiated the High Court proceedings after the club failed to vacate the lands
In opposing the injunction, Eamon Marray BL, for the club argued it has 250 members, fields adult and youth teams for girls and boys and the loss of the playing field would be catastrophic for it and the people of Ballybofey and Stranorlar.
The club argued it was in continuous possession and occupation of the lands since it first starting using the pitch in 1971 and was entitled to a sporting lease. It also uses the changing facilities in nearby Finn Park, where League of Ireland club Finn Harps is based.
The trust denied the club used the grounds on a continuous basis as claimed.
Mr Justice Gilligan said there was a “clear conflict of fact” as to whether use of the lands by the soccer club was continuous or not and that would have to be dealt with at the full trial of the action.
While he was satisfied there was a serious issue to be tried as to whether the club had the benefit of a sporting lease, he ruled damages would not be an adequate remedy for the trust should the injunction be refused as that could mean the sale to Aldi could potentially be lost.
In such a scenario, the trust could potentially be sued for damages for failing to clude the contract of sale, he said.
The judge found the balance of convenience clearly favoured granting the injunction to the trust. It was generally known in Ballybofey the lands were being sold to Aldi and the sale was also to ease the significant burden on the trust following completion of the Balor Theatre and Arts Centre in Ballybofey.
He put a stay on the orders for one week.