Courts

Thursday 31 July 2014

Couple who altered lobby ‘like Bono did’ reverse changes

Apartment block in Howth in Dublin

Ray Managh

Published 28/03/2014|12:58

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Dr Hugh Conor and his wife Sheelagh

An elderly couple who altered the common lobby outside their multi-apartment luxury home -- similar to what they claimed neighbour Bono had been allowed to do - have now paid for practically all reinstatement works.

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The Circuit Civil Court heard today that Dr Hugh Conor McLoughlin and his wife, Sheelagh, an Irish-American couple who returned from Florida several years ago following retirement to live at Asgard Apartments, Balscadden Road, Howth, Co Dublin.

Judge Jacqueline Linnane heard they had bought three apartments in the complex and had turned them into one luxury home, during which they had made unscheduled changes to the attic and lobby.

In July last year the couple asked the judge for injunctions restraining their management company, “Asgard” Residents Limited, from proceeding with works to change things back to how they were.

The couple, “at the doors of the court,” conceded trespass in the lobby and attic areas, agreeing to pay for reinstatement works but not before their barrister John Cheatle had told the court they had been “bullied and harassed” by management.

Mr Cheatle had told Judge Linnane that Mr Paul Hewson, aka Bono, the owner of a double apartment home for his father below the McLoughlins, had previously done something similar to the lobby area but with no objections from the management company.

The McLoughlins agreed to pay for reinstatement works after accepting  that while Bono had similarly encroached into the lobby outside the original front door of what became his late father’s home, it had been recessed farther back than outside the McLoughlin home.

Solicitor Leo Fay had told the court that a solution similar to that used to facilitate Mr Hewson could easily have been reached which would have had the effect of resolving any conflict with the management company.

George A Brady, S.C., who had appeared with Conor Kearney for the management company in July last year, told the court the McLoughlins had not only altered the lobby, they had altered firewalls in the common attic to give themselves more space.

Judge Linnane said Dr and Mrs McLoughlin had in 2012 admitted trespass in the attic and had agreed to a schedule of reinstatement works they had failed to carry out creating a fire issue.  Their 2013 injunction proceedings had been adjourned.

Today Mr Fay, of Michael J. Kennedy, solicitors, said he had received an e-mail yesterday (Thursday) from the McLoughlins in Florida, where they had spent the winter, stating the money to cover the reinstatement works carried out by “Asgard” Residents Limited  had been sent to his firm’s bank.

Paul Moore, of Malone and Martin solicitors, Trim, told Judge Linnane the works had been carried out by the management company, which has an address c/o Fintan Coughlan, Castletown, Athboy, Co Meath.

He said the matter could be adjourned until May regarding confirmation of undisputed payments that had been made and any matters left for ruling of the court. A Fire Safety Certificate would be available by then.

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