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09/05/2012
Walking Group Loses Court Case And Ordered To Pay Costs
A Co Wicklow walking group has lost its case against a landowner over right of way, and have been ordered to pay costs for the six days spent in the High Court.
Mr Niall Lenoach and Mr Noel Barry, who are chairman and secretary respectively of a local walking association, initially took a case against landowner Joseph Walker, attempting to prove that there was a public right of way on Mr Walker’s property.
However they lost the case, with Mr Justice John McMenamin ruling that the route in question is not a public right of way.
The representatives of the walking group were then today ordered to pay the court costs.
Giving his ruling, Mr Justice McMenamin criticised both parties and said he did not see evidence of much common sense in this dispute from either party.
“On the scale of things, I am afraid the defendants showed much less common sense in pursuing a case which would be pursued by political action rather than through the courts,” the judge said.
The High Court case had lasted a total of 11 days.
(H)
Mr Niall Lenoach and Mr Noel Barry, who are chairman and secretary respectively of a local walking association, initially took a case against landowner Joseph Walker, attempting to prove that there was a public right of way on Mr Walker’s property.
However they lost the case, with Mr Justice John McMenamin ruling that the route in question is not a public right of way.
The representatives of the walking group were then today ordered to pay the court costs.
Giving his ruling, Mr Justice McMenamin criticised both parties and said he did not see evidence of much common sense in this dispute from either party.
“On the scale of things, I am afraid the defendants showed much less common sense in pursuing a case which would be pursued by political action rather than through the courts,” the judge said.
The High Court case had lasted a total of 11 days.
(H)
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