Courts / Limerick / Report

Couple sue after their home was demolished without notice

Date
2015-01-14

Stage
Hearing Or Decision

Primary locality
Limerick

Summary

Brian and Mary O'Shaughnessy brought a claim to the High Court after their rented two‑bedroom farmhouse at Annaholty, Birdhill, Co. Tipperary was demolished on 6 September 2006 without notice while the N7 dual carriageway was being built. The couple had purchased the house for IR£34,500 in 1998, lived there, and had begun renovations in 2006, having sought planning permission. They were told in 2003 that their property would not be acquired for the road. The demolition was carried out by Midland Fencing Ltd, a subcontractor of RPS Scetauroute JV, which described the house as derelict and uninhabited. The defendants—Limerick County Council, the National Roads Authority, RPS Consulting Engineers Ltd, EGIS Route Scetauroute SA, and Midland Fencing Ltd—deny negligence. The O'Shaughnessys seek damages for loss of home, loss of mortgage payments, and exemplary damages, having received only two €10,000 payments from the council.

Who, what, where, when and why

What: Report matter: Couple sue after their home was demolished without notice. Procedural stage: hearing_or_decision

When:

September 6th 2006 Incident
August 2006 Other
2001 to 2003 Other
Christmas Incident
2015-01-14 Publication

Why: The court heard that while other houses in that area had been acquired and demolished in order to construct the dual carriageway, the O'Shaughnessy's, whose property is close to the new road, were informed by the NRA in 2003 their home did not need to be acquired in order to complete the project. Court evidence reported by CNI