Dun Laoghaire Rathdown County Council has been given permission to apply to the High Court on Monday to reverse a court order preventing the demolition of archeological remains at Carrickmines Castle.
The council is seeking to overturn the February Supreme Court decision which prevented them from demolishing or removing the remains on the route of the new South Eastern Motorway in south Dublin.
The action could clear the way for the completion of the motorway but the proceedings may be opposed.
Last February, two men won a Supreme Court injunction preventing the council demolishing or removing a mediaeval fosse — ditch — at Carrickmines Castle. The three-judge court granted an injunction preventing interference with the fosse without a valid consent under the National Monuments Act (NMA).
Later, the Minister for the Environment, Mr Martin Cullen, had issued an order allowing for a motorway interchange to go through part of the site. The order could only come into effect after both Houses of the Oireachtas has sat for 21 days. That period has expired.
The orginal proceedings were taken by Mr Dominick Dunne, Collins Square, Benburb Street, and Mr Gordon Lucas, Willbrook Lawn, Rathfarnham.