Courts / Limerick / Report
Housing Minister's failure to enact section of Water act leaves those who want to challenge land acquisition without appeal, court told
Summary
In a High Court case, Judith Dixon and Liam McLoughlin of Limerick argue that the Minister for Housing failed to commence a section of the 2007 Water Services Act that would allow an appeal against a local council's decision to acquire part of their property. The couple, who live in a protected structure at The Station House, Curraghbeg, claim that the council's notice to take charge of land at Blackabbey, Adare, infringes their constitutional right to appeal and threatens their privacy. They seek judicial review orders to quash the council's notice, declare the notice a breach of constitutional rights, and affirm that the Minister's failure to enact the relevant section denies them an appeal right. The case was granted permission to proceed by Ms Justice Niamh Hyland and is set to return to the High Court in January.
Who, what, where, when and why
What: Report matter: Housing Minister's failure to enact section of Water act leaves those who want to challenge land acquisition without appeal, court told. Procedural stage: hearing_or_decision
When:
- 2023-11-27 Publication
Why: The move is alleged to be unconstitutional because a section of the Act under which Limerick City and County Council has cited as its legal basis for acquiring part of their property has never been 'commenced' or legally brought into force by the State. CNI source report
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