Courts / Wicklow / Report
Company claims former owner trespassing on lands earmarked for data centre
Summary
The High Court granted a temporary injunction on an ex-parte basis, preventing Brian McDonagh from trespassing on or interfering with 82 acres of land at Mount Kennedy, Kilpedder, Co Wicklow. The order was made in favour of Fane Investments Limited, which alleges that McDonagh, a former owner, is obstructing access to the property, which has planning permission for a data centre. Ms Justice Nuala Butler issued the order after being satisfied by the evidence presented. Fane Investments, represented by Frederick Gilligan BL, claims it acquired the land from Ulster Bank in 2021 and leases it to local farmers. Counsel alleged that McDonagh has repeatedly cut gate locks, replaced them with his own, parked vehicles to block access, and acted aggressively towards agents. It was further alleged that McDonagh claimed ownership in correspondence and threatened to report interference with livestock to the Gardaí. Counsel noted that while McDonagh and his brothers Maurice and Kenneth were involved in lengthy proceedings with Ulster Bank, that action was resolved in favour of the bank by the Court of Appeal last April. The current injunction proceedings will return before the High Court later this month.
Who, what, where, when and why
What: Report matter: Company claims former owner trespassing on lands earmarked for data centre. Procedural stage: appeal
When:
- 2022-06-02 Publication
Why: In the latest incident, Fane tried to have a disused portacabin removed from the lands but had difficulty in accessing the property because it is claimed Mr McDonagh parked his vehicle in front of a gate accessing the site. CNI source report
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