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Row over right of way in North Co Dublin comes before High Court
Summary
The High Court has granted an injunction in a dispute over Valley Lane, Portrane, North Co Dublin. Applicants, including Desmond Guinness, alleged that owners Kieran and Maura Morrissey blocked the lane by locking a gate, placing stones, and digging a trench, preventing residents from accessing the public road. The applicants claimed a long-standing right of way existed. The Morrisseys denied wrongdoing, stating no right of way exists on the land folio and that their actions were necessary to remove hazardous rubble placed by the plaintiffs. Mr Morrissey alleged the plaintiffs had locked him and his family in their home on two occasions and that he was assaulted in April. In a sworn statement, Mr Guinness alleged Mr Morrissey engaged in intimidating and abusive behaviour and threatened his family with imprisonment for trespass. Ms Justice Carmel Stewart granted the injunction, ordering the Morrisseys to restore the lane for vehicular and pedestrian access by the close of business on Tuesday. A gate may remain at the top of the lane but must not be locked. The judge cited the need for emergency vehicle access as a key ground for the order. The injunction remains in place until the full hearing of the dispute, where the applicants also seek a declaration that a right of way exists.
Who, what, where, when and why
What: Report matter: Row over right of way in North Co Dublin comes before High Court. Procedural stage: sentence
When:
- 2017-07-22 Publication
Why: Counsel said that the matter was urgent because three of the residents were unable to drive their cars from their properties onto the main public road because of the defendant's actions. CNI source report
Case subjects
Applicant
Applicant
Outcome: Mr McGuinness added Mr Morrissey had also engaged in intimidating and abusive behaviour and had threatened his family with imprisonment for trespass.
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