SLIGO County Council has asked the Supreme Court to reconsider part of its November judgment, rejecting public rights of way claims over certain routes through the historic Lissadell Estate.
While describing as "most unsatisfactory" that the request was first made in written legal submissions sent to the court last Friday, Chief Justice Susan Denham agreed yesterday to defer the court's decision on who should pay the multi-million euro costs of the case while the court considers the council's request.
The five-judge court will reconvene at a later unspecified date to give its decision and to address the other issues, including liability for the estimated €7m costs.
Eoin McCullough, counsel for the Lissadell owners, said the issue being raised by the council was "utterly irrelevant".
John Rogers, for the council, apologised that the matter had been raised at a late stage but the council considered the matter was very important.
The issue relates to a finding by the Supreme Court that there was no evidence that one of the four routes at the centre of the legal action existed before it appeared on the 1885 Ordnance Survey map.