An English company's High Court challenge to the South Eastern Motorway scheme has been adjourned to next month.
Mr Justice Geoghegan yesterday reserved judgment on an application by Mr James Macken SC, for Jackson Way Properties, to widen his case to incorporate a challenge to the constitutionality of Section 49.3 of the Roads Act which outlines the circumstances whereby the Minister for the Environment and Local Government may approve a motorway scheme.
The application to extend the grounds was strongly resisted by counsel for Dun Laoghaire-Rathdown County Council and the Attorney General.
Mr Justice Geoghegan said he needed time to consider the matter in the light of the strong objections raised.
He adjourned the case to June 6th.
In the proceedings, Jackson, of St Paul's Square, Birmingham, is seeking an order quashing the decision of the Minister for the Environment and Local Government to approve the motorway scheme, with modifications.
The company claims the proposed motorway will bisect its lands at Carrickmines, Co Dublin, some of which is zoned industrial, and that there will be inadequate access to its property.
The company owned 106 acres near the proposed Carrickmines motorway interchange.
About 20 acres were acquired by Dun Laoghaire-Rathdown County Council for the motorway. This left over 20 acres to the north of the motorway which were zoned for industrial development and 60 acres to the south zoned for agricultural development.
Mr Macken has told the court his clients believed access to the lands both north and south of the motorway was entirely inadequate.
The council was taking some of his clients' lands, severing these with a motorway and failing to provide access consistent with the rezoning.