A development company has claimed before the High Court that its plans to build 100 new housing units in Galway city are being damaged by several unrelated entities trespassing on the lands.
The claims have been made by Moyrock Properties Limited, which wants to build the houses on 3.2 hectares (eight acres) of land zoned residential located at Doughiska Road, in Galway City.
However, it claims that several parties are trespassing on the lands and in two sets of related but separate proceedings are seeking injunctions preventing the alleged trespassers from occupying a property Moyrock acquired in 2021 for over €1.6 million.
Represented by Jarlath Ryan, appearing with John Brennan, Moyrock seeks orders against Joseph and Margret Cooney, who counsel said had built a secret or hidden garden, that could only be seen thanks to drone footage on his client’s lands.
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The garden, counsel said, is located in a corner of the lands, is surrounded by dense overgrowth and cannot be seen from the ground.
Counsel said that the Cooney’s live at Doughiska Road, beside his client’s lands.
They have access to the garden, where they are growing vegetables, he said.
Counsel said that some discussions had taken place with the Cooneys and his client was prepared to give them time to “bring in the harvest” from the garden.
In the circumstances, counsel said, his side was seeking an injunction against the Cooneys, but that the order be stayed for a month to allow them harvest the crops.
In a second set of proceedings Moyrock has brought proceedings against four individuals it alleges are also trespassing on another part of the lands.
Moyrock says the defendants have been occupying a section of the lands near a structure called the Blue Shed. Counsel said that they have no right or entitlement to be on the lands.
The defendants in those proceedings are Garry Regan from Furbo Co Galway, Raymond Walsh Ennis Road Gort Co Galway as well as Philp O’Gorman and Anthony Dolan with addresses at Doughiska Road, Merlin Park Galway.
Defending counsel said that Mr Regan, Mr Walsh and Mr O’Gorman have asserted a lease over the lands. Moyross rejects that claim and says that when it purchased the lands from a receiver it was told that the defendants had occupied part of the lands for many years.
They had done so without any formal letting agreement, and had not paid any rent to the receiver, Moyrock claims.
Moyross also claimed that when it inspected the lands around the Blue Shed earlier this year, there was no evidence that it had been used for quite some time.
Counsel said that since it started its proceedings Mr Regan, Mr O’Gorman and Mr Dolan had offered undertakings which the plaintiff had accepted.
The three defendants undertook that on 24 hours-notice to Moyrock’s lawyers they would be given access to part of the lands they have made claims over, for a one hour per week.
After the hour expires, they have agreed to leave the lands.
Mr Walsh had not offered an undertaking, and his defending counsel Peter Shanley asked the court for time to prepare a formal reply to Moyrock’s claims.
The matters came before Mr Justice Brian O’Moore during Friday’s sitting of the High Court.
In respect of the application against the Cooneys the judge said that he was not prepared to grant the plaintiff an injunction at this stage of the proceedings.
He noted the sensible approach being taken by Mr Ryan’s client and said that he was prepared to grant permission to serve short notice of the injunction proceedings on those defendants.
The matter had a degree of urgency, and therefore the case should return before the High Court in August, the judge said.
In relation to the other proceedings, the judge noted that undertakings have been offered on behalf of three of the defendants.
Mr Shanley’s client was entitled to time to respond to the injunction application, and the judge said that the proceedings against him should also return before the court next month.