A dispute over the occupation of lands belonging to the estate of deceased Fine Gael councillor John Bailey has been resolved.
Darren Lehane SC, instructed by solicitor Richard Hammond, for the estate, told the High Court on Wednesday that Francis Tiernan has agreed to vacate the lands at Castlewarden, on the Dublin-Kildare border.
He said Mr Tiernan also agrees that the 100-acre plot belongs to the estate of Mr Bailey and he has agreed to lift a legal notice (lis pendens) over the property. He was consenting to an order of the High Court vacating all orders from previous proceedings, the court heard.
Padraig D Lyons BL, for the defendant, said they were consenting to the orders.
It had previously been claimed by counsel for the estate, in June 2020, that the lands belonged to Mr Bailey but Mr Tiernan had been trespassing on it since April of that year. The estate secured a High Court injunction preventing Mr Tiernan from spreading “poisonous weedkiller” on the farmland.
Mr Tiernan, of Longfield Road, Forkhill, Newry, Co Armagh; Ann Street, Dundalk, Co Louth and Swanward Court, Parnell Road, Dublin 12, had unlawfully entered the lands and used machinery to carry out works and also burned scrub on the site, it was claimed last year. Counsel said a sign was erected on the lands directing that all animals and feeding equipment be removed as Mr Tiernan was going to “spray weed killer, which may be poisonous”.
The dispute had a long history, the court heard in June 2020. A contract for a €4.6m sale of the lands had been entered between the parties in 2006 but the sale was never completed.
This, counsel said, led to High Court proceedings brought against Mr Tiernan for alleged breach of contract. In 2013, the court ordered Mr Bailey be paid €1.2m damages by Mr Tiernan, counsel said.
Mr Tiernan sued Mr Bailey in 2018 and filed a legal claim with the Property Registration Authority in respect of the lands, the court heard. It was agreed on Wednesday that he would lift a legal notice over the property.
Mr Justice Mark Sanfey on Wednesday made various orders, including one striking out the case.
Mr Bailey, who died in July 2019 following a long illness, was a well-known Fine Gael councillor serving Dun Laoghaire Rathdown for many years. He was also the chairman of the Dublin GAA County Board for a decade and a former inter-county referee.
