Thursday 27 June 2019

Couple left with no running water sue relative over pump

'Anthony and Kathleen Hogan, of Mullica Lower, Donard, Dunlavin, Co Wicklow, are suing Kevin Lawlor Senior and his son Kevin Junior, also of Mullica Lower, Donard, Dunlavin. Ms Hogan and Mr Lawlor Snr are siblings, the court heard' (stock photo)
'Anthony and Kathleen Hogan, of Mullica Lower, Donard, Dunlavin, Co Wicklow, are suing Kevin Lawlor Senior and his son Kevin Junior, also of Mullica Lower, Donard, Dunlavin. Ms Hogan and Mr Lawlor Snr are siblings, the court heard' (stock photo)

Tim Healy

A couple whose home has been without running water since September after a JCB destroyed a pump house serving the property have brought a High Court case against their neighbours and relatives.

Anthony and Kathleen Hogan, of Mullica Lower, Donard, Dunlavin, Co Wicklow, are suing Kevin Lawlor Senior and his son Kevin Junior, also of Mullica Lower, Donard, Dunlavin. Ms Hogan and Mr Lawlor Snr are siblings, the court heard.

Ronan Lupton BL, for the Hogans, said it was his clients' belief, but they couldn't say for certain that Mr Lawlor Snr demolished the pumphouse.

Since the incident, Mr Hogan says Mr Lawlor Snr has taken steps to impede anyone trying to restore water to their home and has erected a steel fence effectively blocking access to the site of the pumphouse.

Counsel said the pumphouse was on Mr Lawlor's property over which the Hogans say they have a right of way. In a sworn statement, Mr Hogan said "all members of the extended Lawlor family, if they were honest, live in fear of Kevin Snr" because of his "aggressive and unpredictable nature, particularly when he is drunk".

On the night the pumphouse was destroyed, Mr Lawlor Snr was found by gardaí driving a vehicle at speed across a pathway at the rear of the Hogans' property, Mr Hogan said.

He said Mr Lawlor was very intoxicated at the time.

Workers hired by the Hogans were told by Mr Lawlor Snr that "the pump was his", and he would not allow them to approach the site. He said that prior to the incident Mr Lawlor Snr told him in a threatening manner he would demolish the pumphouse, without giving a reason.

Mr Hogan said Mr Lawlor Snr has been aggressive to the Hogan family and on one occasion while intoxicated kicked in their door and stormed into the Hogans' bedroom.

Mr Lawlor Jnr has also been aggressive towards the Hogans, including ringing the doorbell of their home in the early hours, Mr Hogan said.

Counsel said that while his clients have done all they can, they are unable to resolve matters with the defendants. They have had to rely on "the kindness of others" in regards to the situation with water. They have to shower in their son's house and have had to collect rainwater in drums so they can flush their toilet.

The Hogans seek various injunctions against their neighbours and relatives including orders that the Lawlors cease harassing them, allow them access to their lands, and over right of way.

They also seek an order preventing the Lawlors from blocking the Hogans' agents from restoring the well and pumphouse providing the Hogans home with water.

Counsel said that his clients had taken legal steps, but a person who attempted to serve a legal letter on the defendants had been intimidated and threatened by Mr Lawlor Snr.

Yesterday, Mr Justice Tony O'Connor granted Mr Lupton permission to serve short notice, on an ex parte (one side only represented) basis, of the proceedings on the Lawlors.

The case was adjourned to next week.

Irish Independent

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