Tuesday 21 April 2009

Lissadell right of way case adjourned

THE LEGAL dispute between the owners of the Lissadell estate in Co Sligo and Sligo County Council over whether there is a public right of way across the lands has been adjourned at the High Court.

The owners – barristers Edward Walsh and Constance Cassidy – claim the “wrongful” actions of the council in asserting a public right of way over part of their lands has imperilled the viability of the restoration of Lissadell, compromised the value of the premises and reduced the standing of the owners in the community.

Because of the council’s actions, the owners claim they have been obliged to curtail the tourism facilities at Lissadell.

The proceedings came before Mr Justice Frank Clarke yesterday via a motion for judgment by the owners against the council over its failure to date to file a defence.

Peter Bland, for the owners, said the council’s attitude was “torpid and cynical”, but Siobhán Stack, for the council, argued insufficient detail had been provided to allow a proper defence to be prepared.

The judge found there had been delay in providing a defence and he made directions for the exchange of legal documents between the sides within specified times. The proceedings were adjourned for three weeks.

Mr Walsh and Ms Cassidy want a declaration the routes in dispute are not subject to any public rights of way and an order restraining the council or others asserting the routes are subject to a right of way.

Irish Times


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