Brothers go to court over lane row with Healy-Rae
Published 20/05/2010 | 05:00
A BITTER dispute regarding access to a laneway between a councillor and two brothers intensified last night after the siblings began court proceedings.
A Circuit Court judge yesterday gave permission to the Traynor brothers to seek an injunction against independent councillor Danny Healy-Rae concerning the prevention of an obstruction at a laneway at Fossa, Kilgarvan, Co Kerry.
Kieran and Con Traynor instructed their solicitor Padraig O'Connell to apply for the injunction at Tralee Circuit Court following an alleged altercation with their neighbour Mr Healy-Rae at the laneway last Saturday.
Mr Healy-Rae and one of the Traynor brothers were brought to hospital in separate ambulances after the alleged incident in south Kerry.
Mr Healy-Rae -- the son of Kerry TD Jackie Healy-Rae -- has since been released and was said to be recovering at his home yesterday.
He was not in Tralee courthouse yesterday and was not represented.
Both of the Traynor brothers were in court yesterday.
Barrister for the Traynor brothers, Brian McInerney, informed Judge Carroll Moran that he was looking for an urgent date for a hearing following an incident which occurred in recent days between Kilgarvan and Kenmare.
Holding a map dating from 1897, Mr McInerney said he had received instructions to prevent further obstruction of a roadway at Fossa, Kilgarvan.
The court also heard that personal injuries proceedings against Mr Healy-Rae would be pursued.
Mr McInerney said a "diverse variety of reliefs" would be sought by the applicants.
Judge Moran said notice of the injunction should be given to the defendant, Danny Healy-Rae. Mr O'Connell indicated he would do so by post. The case is listed to come before Tralee Circuit Court tomorrow.
Both Danny Healy-Rae and Kieran Traynor are landowners near the disputed laneway and are well known in the region. It is understood that recently erected gates and a lock are at the origin of the dispute between the two parties.
Gardai are attempting to establish what exactly happened last weekend and are expected to interview a number of people in the coming days.
It is believed that Kieran Traynor struck his head off a rock at the laneway at around 1pm on Saturday.
Mr Healy-Rae's brother, Michael, who is also a Kerry county councillor, said Mr Healy-Rae was recovering at home but had to miss several important council meetings this week.
Kieran Traynor was left his holding by his late father, John Anthony Traynor.