Courts / Donegal / Report

Man jailed over illegal dumping brings action against waste company

Date
2020-07-06
Stage
Sentence
Primary locality
Donegal
County
Donegal

Summary

A businessman from County Donegal who was imprisoned for nine weeks in 2019 over illegal dumping has initiated High Court proceedings against another waste disposal operator. Jim Ferry, whose former company Ferry Refuse Collection faced enforcement action by Donegal County Council for illegally burying waste at Rossbraken, has brought the action against firms operating at Labbadish, Manorcunningham, Letterkenny. Mr Ferry claims the facility is functioning without proper planning permission in breach of the Planning and Development Act 2000 and the Waste Management Act 1996. He seeks orders to restrain the respondents from continuing unauthorised waste and recycling operations at the site, alleging environmental damage to lands adjoining the Corkery River, which flows upstream from Lough Swilly. The matter was mentioned before Mr Justice Charles Meenan at the High Court on Monday, where adjournment was granted to allow the respondents time to prepare a sworn reply to the allegations.

Who, what, where, when and why

What: Report matter: Man jailed over illegal dumping brings action against waste company. Procedural stage: sentence

When:

Case subjects

Development Act

Applicant

Outcome: Following an application by Gareth McGrory BL, who sought time to allow the respondents to prepare a sworn statement in reply to the allegations against them, the matter was adjourned to a date later this month.

Ferry Refuse Collection

Applicant

Outcome: Following an application by Gareth McGrory BL, who sought time to allow the respondents to prepare a sworn statement in reply to the allegations against them, the matter was adjourned to a date later this month.

Jim Ferry

Applicant

Outcome: However Mr Ferry, who said he made every effort to deal with the breaches of his Waste Facility Permit and remove waste from the site, was jailed for nine weeks last year over his failure to comply with certain orders made by the High Court.; Following an application by Gareth McGrory BL, who sought time to allow the respondents to prepare a sworn statement in reply to the allegations against them, the matter was adjourned to a date later this month.

Waste Management Act

Applicant

Outcome: Following an application by Gareth McGrory BL, who sought time to allow the respondents to prepare a sworn statement in reply to the allegations against them, the matter was adjourned to a date later this month.

Places mentioned

Court Venue
  • High Court

Topics

Stage Sentence

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