Tesco has secured a permanent High Court order preventing a couple from trespassing on an eight-acre development site in Galway city.
Last July, the supermarket operator obtained a temporary injunction preventing Martin and Kathleen Donovan, who live in a caravan on a halting site at Túr Uisce, Doughiska, Galway, from trespassing on the land.
The court heard they had been keeping horses on the land at Briarhill Junction and using buildings on it as makeshift stables.
Following the granting of the injunction, the horses were removed and the site was secured, David Dodd, barrister for Tesco Ireland Ltd, told the court on Thursday.
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Dodd said that, while the court could take comfort from the fact that its order has been complied with, he wanted it to be made permanent.
The Donovans did not appear in court, counsel said.
Judge Brian Cregan was satisfied the papers had been served on them and he granted the injunction sought.
Previously, the court heard the Donovans claimed they have been on the site for 15 years and could claim some adverse possession (squatters rights). Tesco disputed this.
The court heard Tesco was told at a meeting with the Donovans before the case was brought that they would get the horses off if they were “financially compensated”. Tesco refused.
Galway City Council notified Tesco it had to render part of the land “other than derelict” and the site had been placed on the derelict sites register.
Dodd said the derelict sites issue has been resolved.
Tesco wants to develop the site. Part of it has been compulsorily purchased for part of the N6 Galway City Ring Road project.
