Row over laneway near new school comes before High Court
High Court reporters
A mother and son have claimed before the High Court that a laneway which links the rear of their Dublin home to the public road has been wrongfully blocked off by parties constructing a new school on behalf of the Minister for Education.
The claim has been made by Deneige Butler, who owns a property located at Harcourt Terrace, Dublin 2, and her son Ben Butler who resides in the house with his family.
The Butlers claim they enjoy a right of way over a laneway, owned by the Minister and is close to where a new school is being built, that connects the rear of the property to the public road.
They claim that after works began last year, their rights of way over the laneway have wrongfully been interfered with and have been limited.
They claim matters "escalated significantly" in recent weeks, and they are currently unable to access the laneway in any meaningful way.
This, it is claimed, occurred after hoarding and blockages were erected on the laneway by a crane.
They claim they were informed by workers on the site, that the laneway was to be excavated and would not be available for some time.
The Butlers claim they have attempted to have discussions with representatives of the Minister and the contractors building the school but have never been given any proper assurances that their right of way is to be restored.
As a result, the Butlers say they have been left with no option other than to seek an injunction restraining the Minister and the company building the school, Mythen Construction Ltd, with an address at New Ross, Co Wexford, from obstructing the right of way over the laneway.
They also have asked the court an order requiring the defendants to restore their access to the laneway.
Injunction
Represented by Reg Jackson SC and David Geoghegan Bl, instructed by Garlan Furey Solicitors, the Bulters seek various orders against the defendants, including the injunction.
The Butlers also seek declarations from the court that they are entitled to a pedestrian and vehicular rights of way over the laneway.
They further seek orders for damages due to the defendant's alleged negligence and interference with their property rights.
The matter came before Ms Justice Siobhan Stack during Thursday's vacation sitting of the High Court.
Mr Jackson told the court that it is his client's case that right of way over the property is long-established.
Counsel said the Butlers use the laneways when bringing in their shopping, bringing out their bins, to allow access to persons doing works on the property and as an emergency exit.
Counsel added that his clients' claim to a right of way has not denied and appears to have been acknowledged in correspondence from the Minister.
Counsel said the Minister had invited his clients for discussions about the matter in the coming days, and it was hoped that the matter could be resolved.
Ms Justice Stack, who also expressed her hope that the dispute could be resolved between the parties, granted the plaintiff's permission to serve short notice, on an ex-parte basis, of the injunction proceedings on the defendants.
The matter was adjourned for a week.
