Tuesday 18 November 2008

Developer tells court 'council was negligent'

DEVELOPER Bernard McNamara is standing over a court claim that Dublin City Council acted negligently and improperly in preventing the demolition of several 19th century properties as part of a €40m development at Merrion Road in Dublin.

The proceedings by Mr McNamara, and his company Radora Developments Ltd, against the council, were admitted to the Commercial Court yesterday.

Mr Justice Peter Kelly clarified matters related to representation in the case of other parties, including individual councillors against whom serious allegations were made in an affidavit.

The judge was told yesterday by Eamon Galligan, counsel for Radora, that the claims of negligence and misfeasance in public office were being made against the council as a whole and not individual councillors. His side were standing over those claims, counsel said.

Radora claims the council's decision of July 8 last, listing the properties as protected structures, was made for "an improper motive" and had exposed Radora to costs of €750,000 a year to maintain the properties.

The registered properties, known as the LLandaff properties, are located at 207-223 Merrion Road.

A date for the hearing has been fixed for February 24, 2009.

Tim Healy
Irish Independent


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