A judge has refused to grant warrants to Kerry County Council to enter the lands of four men on the route of the proposed South Kerry Greenway.The council was seeking court approval for notice of Entry to lands belonging to four men, James Moriarty of Drom West, Glenbeigh, James Sheehan of Curra, Glenbeigh and Patrick Murphy and Paul O’Shea, both of Gornagree, Kells. The men are seen here with their supporters, outside Killarney district court.
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A judge has refused to grant warrants to Kerry County Council to enter the lands of four men on the route of the proposed South Kerry Greenway.
The council was seeking court approval for Notice of Entry to lands belonging to four men; James Moriarty of Drom West, Glenbeigh, James Sheehan of Curra, Glenbeigh, and Patrick Murphy and Paul O’Shea, both of Gornagree, Kells. All had refused entry to their lands.
The council required access to carry out site investigation works. During cross examination from barristers representing the landowners, Kerry County Council engineer, Conor Culloo said: “The site investigation works were desirable but not necessary.”
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Judge David Waters told the court it would be disproportionate to grant the warrants in all four cases and made an order for costs in favour of the landowners.
The Courts Service has confirmed that the council has not lodged an appeal.
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A judge has refused to grant warrants to Kerry County Council to enter the lands of four men on the route of the proposed South Kerry Greenway.
The council was seeking court approval for Notice of Entry to lands belonging to four men; James Moriarty of Drom West, Glenbeigh, James Sheehan of Curra, Glenbeigh, and Patrick Murphy and Paul O’Shea, both of Gornagree, Kells. All had refused entry to their lands.
The council required access to carry out site investigation works. During cross examination from barristers representing the landowners, Kerry County Council engineer, Conor Culloo said: “The site investigation works were desirable but not necessary.”
Judge David Waters told the court it would be disproportionate to grant the warrants in all four cases and made an order for costs in favour of the landowners.
The Courts Service has confirmed that the council has not lodged an appeal.
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