The Supreme Court will be asked today to fix an early date for the hearing of an appeal against the High Court's refusal to grant an order preventing the removal of a section of a medieval "fosse" - a walled ditch - near Carrickmines Castle, on the line of Dublin's south-eastern motorway.
A notice of appeal against the High Court order was lodged with the Supreme Court on Friday and books of appeal were lodged yesterday. This morning, the Chief Justice, Mr Justice Keane, will be asked to fix a date for the appeal hearing.
Prior to the appeal hearing, Dún Laoghaire-Rathdown County Council is being asked to give an undertaking that it will not remove the fosse. It is believed solicitors for Mr Gordon Lucas and Mr Dominic Dunne, the two men who had unsuccessfully sought the High Court order, wrote yesterday to the council seeking that undertaking.
At the Supreme Court yesterday, Mr Frank Callanan SC, for Mr Lucas and Mr Dunne, asked for an early appeal date and also noted that his clients would be seeking an undertaking from the council in relation to the fosse.
Mr Dermot Flanagan SC, for the council, said there was no injunction in place. He intended to seek instructions from his clients.
Mr Justice Murray, presiding, said the issue of an undertaking was not for the court.
He listed the matter for mention before the Chief Justice today.
Mr Lucas, Willbrook Lawn, Rathfarnham, Dublin, and Mr Dunne, Collins Square, Benburb Street, Dublin, had sought the High Court interlocutory injunction against the council pending a full hearing of legal proceedings.
The council opposed the application.
The plaintiffs claimed the council wished to immediately dismantle a 10-20 metre section of a 200-metre fosse for the purposes of reassembling it at an unspecified location.
The council argued that the archaeological procedures which it had implemented at the site were proper and successful.
Refusing the injunction last Wednesday, Mr Justice Lavan said he was deeply conscious of the significance to the ratepayers of Ireland of the delay in the construction of the motorway.
He accepted evidence on behalf of the council that the most extensive excavation had taken place at the site, where Carrickmines Castle had been located until about 1642 when it was destroyed.
He also accepted that substantial weekly sums of more than €50,000 would be claimed by contractors in relation to the time when they were kept off the lands.