Wednesday 21 February 2018

€8 million for 263 metres...

Lisadell House
Lisadell House

Sligo County Council could be left with a legal bill of €8 million arising from the Lissadell case.

The Supreme Court ruled that 75% of the legal costs incurred by Lissadell owners Edward Walsh and Constance Cassidy be paid by the Council.

The council must also bear all of its own costs.

Already in debt to the tune of over €90 million the Council can ill afford another financial millstone around its neck.

The Supreme Court in its costs judgement noted the owners had sought distinct and separate remedies in respect of the four routes over their lands.

They were seeking declarations that none of the routes were subject to a public right of way.

The owners had succeeded in relation to three of the four declarations sought and failed in relation to part of the fourth.

The latter covers a distance of 263 metres and runs west to a point where the former Lissadell House was situated along the coast.

The court had been asked by the Council to reconsider part of its judgement which was originally delivered on November 11th 2013.

The Council had submitted the court did not determine whether there was a public right of way over that part of route B-E called the Burrows.

It was also suggested the court was in error in finding there was no evidence of the existence prior to 1885 of another part of the route called Farm Avenue.

The Council had further submitted the court was in error in finding that the part of route B-E called the Burrows was not part of the former or old coastal route,

The court said it was satisfied its November 2011 judgement made no distinction between different parts of route B-E.

All references to route B-E related to its entirety including the part called the Burrows.

The court also referred to its judgement of November 2013 when dealing with the issue of Farm Avenue.

It had concluded then there was no evidence of Farm Avenue prior to the appearance of the Ordinance Survey Map of 1885.

It did not appear on the ordinance survey map of 1837, nor was it shown on the admiralty chart of 1852.

The council called no evidence as to the date of the construction of Farm Avenue.

Its expert historical witness gave no evidence regarding the period after 1840.

The council also did not adduce or refer the court to any evidence that the original coastal route had been diverted on to Farm Avenue.

The court found that since there was no public right of way over Farm Avenue there could not be one over the Burrows.

Sligo Champion

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