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Woman (85) 'didn't butcher nearby hedge', court hears in neighbours dispute

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L-R: Kathleen Rueter and her daughter, Marian Rueter, of Clogga, Co. Wicklow

L-R: Kathleen Rueter and her daughter, Marian Rueter, of Clogga, Co. Wicklow

James and Ann Madigan

James and Ann Madigan

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L-R: Kathleen Rueter and her daughter, Marian Rueter, of Clogga, Co. Wicklow

ONE of the neighbours in a Co Wicklow boundary dispute has denied a blackthorn hedge was "butchered".

Kathleen Maureen Rueter (85) yesterday told High Court President Nicholas Kearns no damage was ever done by her or her family to hedges that form the boundary between her property near Clogga in Arklow and that of their neighbours, James and Anne Madigan.

Mrs Rueter also rejected claims the lane had been widened significantly in 2003 when certain works were carried out.

In proceedings before the High Court the Madigans claim they lost 25 square metres of their garden after their neighbours had the lane way outside their home widened to allow access to the Rueter's caravan park in 2003. The Madigans said they only used the lane way to trim the hedges.

In proceedings against Kathleen Maureen Rueter and her children Marian and Sean, the Madigans claim they were intimidated, harassed and obstructed by defendants. The claims are denied.

Last year, the Circuit Court found in favour of the Madigans who have resided at Askintinny, near Clogga, since the 1970s, and awarded them €5,000 damages for trespass and nuisance.

That court also ruled the Madigans were entitled to a right of way on to the lane way for the purpose of maintaining their hedge. The Rueters, who opposed the action, appealed the Circuit Court decision to the High Court.

Yesterday, Kathleen Maureen Rueter said that since her family acquired the farm and lands near Clogga Beach in 1964 they have maintained and improved the lane way, which is their only access to their property from the public road.

In reply to her counsel, Peter Bland, she said some works were carried out in 2003 on lane way, but said no damage had been caused to the hedges and they had not been "butchered" as claimed.

hnews@herald.ie


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