The Supreme Court has refused Peter McNicholas leave to appeal a Court of Appeal decision in his dispute with Mayo County Council. The determination was delivered on 18 December 2015.
The Court of Appeal ruled on 29 July 2015 on interlocutory orders, meaning orders that apply until the full trial. The High Court had restrained Mr McNicholas from using an exit he created onto the N5 Charlestown By-Pass, interfering with bollards, or further interfering with the public road beside his premises at Cuilmore, Swinford, Co Mayo.
The Council carried out road works for the by-pass between 2005 and 2007. The new road cut across the local road that had given Mr McNicholas's home direct access to the N5. He asserted that the old road remained a public right of way.
The Court of Appeal noted that he removed part of the wall blocking the old road on 19 December 2013. The Council then went to the High Court for injunctions.
The Court of Appeal held that the balance of convenience favoured an injunction and that damages would not be an adequate remedy. It said the Council had only to show a fair question to be tried.
The Supreme Court said it is not a court of error and that these were not findings of fact after a full trial. It was not satisfied that the case raised a matter of general public importance or that an appeal was necessary in the interests of justice.