Kerry County Council has withdrawn its action against Kerry TD Danny Healy-Rae to remove an “unauthorised” image of himself from over his pub on Main Street, Kilgarvan.
Confirming it was not proceeding with the action which was listed in the Circuit Civil Court, a spokesman for the council said it would “not be prudent” to proceed any further.
The council felt it would have little chance of success, following further submissions as well as an earlier decision at the court in Killarney, the council statement said.
The planning authority in May failed in its twin Circuit Court action against Danny’s brother Michael in the case of a large sign of him near his shop on the edge of the village at Gortnaboul.
The council said Michael’s sign was unauthorised as it had been erected without permission, and the planning authority wanted it removed.
Michael Healy-Rae had maintained the 4.8 metre by 2.24 metre picture of himself, “The Village’s NO.1 TD” was “demountable” and had been used throughout the county of Kerry in election campaigns since first erected in 2011.
The planning authority had acted “too late”, and the “development” was beyond the seven-year cut off, the Circuit Court found.
Judge Terence O’Sullivan awarded the TD’s legal team two thirds of their costs
The proceedings against Danny, also under Section 160 of the Planning and Development Act 2000, had been adjourned in May.
The Circuit Civil Court was told this week the council was to withdraw the action.
In a statement, Kerry County council said: “Following on from receiving further pleadings, since both the last court date and the initiation of our proceedings and also taking into consideration a recent judgement in a case not dissimilar to this one, it was decided, on reviewing the file, and considering all of the above, that the prospect of securing the orders sought were not as favourable as initially thought and that therefore it would be prudent not to proceed further with the matter.”
Danny Healy-Rae who like Michael was contesting the action, on the grounds of longevity, has welcomed the decision and congratulated his legal team.
The sign in the green and gold Kerry colours over the porch of the Jackie Healy-Rae pub on Main Street pays tribute to Danny’s “common sense” and presents his contact details alongside his photograph.
There had been such a sign over the pub in Kilgarvan since the time of the late Jackie Healy-Rae TD’s time as a county councillor, Danny said.
A large number of neighbours and supporters of the Healy-Raes were set to provide testimony to the court in what would have been a hard-fought case.
Mr Healy-Rae told Radio Kerry he is relieved as the matter had been a “weight on his shoulders” recently.