A Co Clare cave which features in the Guinness Book of Records because it contains the world's largest stalactite was at the centre of a High Court dispute yesterday.
Mr John Browne and his wife Helen, restaurant owners, of Broadford, Doolin, Co Clare, are claiming that Mr Patrick Woods, a farmer, of Ballygreen, Doolin, failed to complete a £25,000 contract for the sale of land which would give them access to the cave.
In June 1993, An Bord Pleanala affirmed planning permission for tunnelling under the disputed land. It is claimed the cave is under the remainder of Mr Woods's lands. The court was told the cave, containing a seven-metre stalactite, was discovered in 1952. The Brownes claim Mr Woods agreed in 1990 to sell to them eight acres of land for £25,000. They say they entered into the agreement to develop caves under the land known as Pol an Ionain and, in particular, the cave containing the stalactite. The agreement was subject to their getting planning permission and funding. On appeal in June 1992, An Bord Pleanala had affirmed permission given by Clare County Council but further permission was required in relation to tunnelling methods.
The Brownes claim that following payment of £10,000, Mr Woods agreed to extend the time for completion of the contract to August 3rd, 1993. On June 22nd, 1993, An Bord Pleanala affirmed permission for a proposed tunnelling plan. The couple allege Mr Woods refused to complete the agreement. They claim he knew the sole purpose of buying the land was to develop the caves for visitors. Mr Woods had indicated he did not intend to permit the Browns to enter the caves under his property.
The Brownes want an order of specific performance of the agreements, damages for breach of contract and, if necessary, an order to restrain Mr Woods interfering with them or their agents from entering the caves under his property. They also claim they have a licence to enter the caves under Mr Woods's lands.
Mr Browne told Mr George Brady SC, for Mr Woods, that about 1989-90, Mr Woods had told him there was another bidder but he thought it was only bluff. He disagreed the other party had bid £70,000 or that he had told Mr Woods he would increase his bid to £80,000. He denied he later increased it to £85,000.
Mr Browne denied it had been suggested that the agricultural value of the land, estimated at £25,000, would be put into the contract while the balance of £60,000 would be paid under the counter in cash. Mr Brady asked if Mrs Browne had said there would have to be something in it for both parties if there was going to be an under-the-counter payment and if the figure of £60,000 was reduced to £45,000. Mr Browne said that did not happen. He would not have paid Mr Woods £25,000 for the field unless for commercial development.
Mr Woods denies he agreed to sell the lands to the Brownes. If he did agree to sell for £25,000 (which is denied), he claims the agreement was illegal and void as being contrary to public policy and designed to deceive and defraud the Revenue, in that it was orally agreed the Brownes would pay Mr Woods £45,000 in addition to the £25,000 contract.