A quarrying company is seeking a High Court injunction against a Co Meath farmer it claims has blockaded and is preventing access to a now disused quarries owned by the firm.
Keegan Quarries Ltd (KQL) has brought proceedings against Thomas Donegan of Newcastle, Enfield, Co Meath arising out of the defendant's alleged refusal to allow its staff access a quarry located at Newcastle which is some 3.5km from the town of Enfield.
The application for an injunction preventing the defendant from interfering with or obstructing KQL from exercising a right of way it says it holds over lands owned by Mr Donegan came before Mr Justice Mark Sanfey on Wednesday.
The judge, on an ex parte basis, granted KQL permission to serve short notice of the injunction proceedings on Mr Donegan.
Represented by Martin Hayden SC, with Ross Aylward BL, KQL claims that it acquired lands where the quarry is located from the defendant many years ago.
The company suspended its extraction of material from the site in 2019, but plans to carryout restoration works on the lands.
KQL claims that as part of that deal to acquire the quarry, for which it says Mr Donegan was well paid, it also acquired a right of way over other lands owned by the defendant so the company could access the quarry.
The site, the court heard can only be accessed from the public road via the defendant’s property.
Difficulties
KQL says that there had been difficulties between it and Mr Donegan over the years regarding the right of way. KQL claims that under the sale agreement the parties entered it is entitled to cross Mr Donegan’s lands to access the quarry.
Mr Donegan, it is claimed, says the right of way is more limited.
Last month KQL says that for reasons unknown to it and without any warning the defendant blocked the entrance and prevented KQL’s personnel from accessing the site.
It is claimed that he has blocked the access route with heavy machinery and agriculture produce including bales of silage.
Mr Hayden said that arising out of health and safety issues, KQL requires access to the disused quarry.
The site needs to be inspected regularly to ensure that it remains safe.
Mr Donegan had been written to and asked to allow his clients access the site, but continues to maintain the blockade.
His client has acted as quickly as possible in order to deal with the matter, counsel added.
The matter will return before the court next week.
