Courts / Limerick / Report
Couple settles action over attempt by local council to acquire part of their lands
Summary
In a High Court case, Judith Dixon and Liam McLoughlin of The Station House, Curraghbeg, Adare, Co Limerick, challenged a notice from Limerick City and County Council that the council intended to acquire part of their property at Blackabbey, Adare, under the 2007 Water Services Act. The couple argued that the council's action was unconstitutional because the Minister for Housing had not commenced the section of the Act that would allow an appeal against such acquisitions, thereby denying them a constitutional right to appeal. They sought orders to quash the council's notice and declarations that the notice breached their constitutional rights. The case was settled, with the council agreeing to quash the notice and pay the couple's legal costs. The settlement was confirmed by Ms Justice Niamh Hyland, and the case was struck out.
Who, what, where, when and why
What: Report matter: Couple settles action over attempt by local council to acquire part of their lands. Procedural stage: hearing_or_decision
When:
- 2024-01-24 Publication
Why: The move was alleged to be unconstitutional because a section of the Act under which the 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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