Saturday 24 February 2018

James Reilly settles beach access dispute at his plush Dublin home

Case settled: James Reilly
Case settled: James Reilly

Ray Managh

HEALTH Minister James Reilly has settled a legal dispute in which neighbours at his plush shoreline home in Rush, Co Dublin, had claimed a right-of-way to the beach over his lands.

Barrister Joe Barnes told the Circuit Civil Court today that the claim against the Minister and his wife, Dorothy, by six members of a family who own a holiday home beside them, could be struck out.

Mr Barnes, who appeared for the Reillys’ neighbours, told Judge Matthew Deery that the matter had been settled and asked the court to receive and file a memorandum of agreed terms without further order.  The terms of the agreement were not publicly disclosed.

The Reillys, who live at Seafoam, Southshore, Rush, were sued by book-keeper, Joan Deveney, Clonlea, Ballinteer Road, Ballinteer, Dublin 18; designer Bernadette Jarrett, Swallows Rest, Ballynerrin, Wicklow; business manager Monica Boyne, Sundays Well, Naas, Co Kildare; housewife Carol Hicks, Wesley Lawns, Sandyford, Dublin 18, and company directors Joseph Doran, Templeroan Avenue, Knocklyon, Dublin 18 , and David Doran, Strathdon, Hollybrook Road, Clontarf, Dublin 3.

None of the parties appeared in court.  The plaintiffs are all related to each other and have shares in a holiday home, Knockarlow, Southshore Road, Rush, beside the Reillys. 

They claimed to have a pedestrian right of way over the Reillys’ lands and alleged that in February 2010 the Reillys had gate pillars and fencing removed from the Knockarlow property and erected a fence of their own which blocked the plaintiffs’ pedestrian access to the beach.

The six plaintiffs had sought a declaration from the court that they had a right of way over Dr Reilly’s and his wife Dorothy’s lands and had also sought an order directing the Reillys to remove the offending fence obstructing their right of way to the beach. 

They had also sought a declaration that the pillars and fencing removed from Knockarlow by the Reillys were the property of the plaintiffs who had also sought damages for trespass.

Angus Buttanshaw, counsel for the Reillys, said he confirmed the terms of settlement handed into court and asked that any reserved costs in the proceedings to date be vacated.

Judge Deery struck out the case.

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