2017-05-16 · Ireland
Bogland battle comes before High Court
High Court proceedings were heard on Tuesday regarding a dispute over Ballycommon Bog in Co Offaly. The applicants, comprising the Eclipse Marine Retirement Benefit Scheme, the EJ Godwin (Peat Industries) Ltd director's pension scheme, Richard Bond, Andrew Rowland, and Bulrush Horticulture Ltd, claim exclusive ownership and occupation of the land since 1995. They allege that William Dunne and Mark Dunne have unlawfully trespassed and carried out detrimental works on the bogland. The Dunnes counter-claim to own a one-eighth share of the land, which they state they purchased for €100, and intend to apply for registration under the 1964 Registration of Title Act. The applicants refute these claims, asserting they have held the freehold interest to the exclusion of all others for over 22 years. Represented by Frank Crean BL, the applicants sought injunctions restraining the Dunnes from entering or interfering with the land, declarations confirming the pension schemes' ownership and Bulrush Horticulture's leasehold rights, and damages for alleged unlawful interference. Counsel noted that the Dunnes' activities have excluded Bulrush from lands it lawfully possesses, impacting its four full-time employees. Although the dispute had previously been pending before the Circuit Court, the matter was deemed urgent. Mr Justice Paul Gilligan granted permission to serve short notice of the proceedings on the Dunnes on an ex-parte basis and made the matter returnable to a date later this week.