The Supreme Court refused Dunnes Stores leave to appeal directly from the High Court on 29 October 2015.
Dunnes Stores wanted to appeal two High Court judgments, dated 21 May and 18 June 2015, given by McGovern J.
An Bord Pleanála, Indego and South Dublin County Council all opposed the application.
Original judicial-review leave had already been granted. On 21 May 2015 the High Court refused the later application to amend the proceedings, join South Dublin County Council and extend time, as the Supreme Court’s chronology records at paragraphs 25–27.
The Council described the ruling as a refusal of judicial-review leave; An Bord Pleanála expressly disputed that description. The refusal concerned the later application, rather than the original grant of leave.
The High Court then refused Dunnes Stores a certificate for leave to appeal on 18 June 2015.
Earlier Supreme Court decisions hold that no appeal lies from a refusal of that certificate.
Dunnes Stores argued those decisions were wrong and should be reversed.
The Supreme Court said simply asserting that earlier decisions are wrong is not enough.
It held that Dunnes Stores had not shown the exceptional circumstances needed for a direct appeal.