The High Court has rejected an application by campaigners to legally challenge a ministerial go-ahead to build a motorway roundabout at Carrickmines, Co Dublin.
The decision effectively paves the way for the completion of the final section of the M50 motorway around Dublin which had been held up by the challenge.
Mr Michael Mulcreevy, of Barraduff, Killarney, asked the court to allow him challenge the decision of the Minister for the Environment, Mr Cullen, permitting the continuation of works at Carrickmines Castle for the purpose of completing the M50 motorway over archaeological remains.
Some 100,000 items have been found by archaeologists excavating the site, including pottery, weapons and jewellery.
In December the High Court lifted an interlocutory injunction preventing the National Roads Authority (NRA) and Dún Laoghaire-Rathdown County Council from conducting any work at the controversial site.
Mr Mulcreevy argued yesterday that the Minister had overstepped his powers in July 2003, under the National Monuments Act, in allowing the works to proceed at the medieval site. He also claimed the excavation licence issued under the National Monuments Act on December 16th, 2003, was invalid because is was issued without the Minister having consulted the director of the National Museum.
Mr Justice Paul Gilligan rejected the application this morning and awarded costs against the applicant in favour of the Minister and Dún Laoghaire-Rathdown County Council.
The judge said Mr Mulcreevy had made out an arguable case for his legal standing to apply for judicial review but that he had not moved promptly in respect of his application. The judge said it had been open to Mr Mulcreevy to apply for judicial review from July 3rd, 2003, when the Minister made the order approving the works at Carrickmines.
There had been no work at the site since February 2003 after protesters obtained an interlocutory injunction on the basis that the Minister had not given his consent to them. The Minister's order giving that consent was made in July.
Mr Mulcreevy had argued that he was awaiting the result of a motion before the Dáil to annul the order of the minister before applying for his injunction.
But Mr Justice Gilligan said the applicant had adopted a "wait-and-see" policy, "taking his chances on the political aspect against a background where there was already an injunction in place and no work was taking place at the Carrickmines complex".
He also ruled against the applicant's contention that the Minister had acted outside his powers in giving consent for the works at Carrickmines. The judge said that even if there was any basis for the applicant's complaint, it could not possibly give rise to a ground of challenge as the course adopted by the Minister was "the most onerous one and in the circumstances any alleged bias was inoperative".
Furthermore, Mr Justice Gilligan rejected the applicant's request for an injunction to halt further excavation works at Carrickmines pursuant to the licence issued on December 16th. The judge noted the scheme involved in the challenge was "very substantial and plays a significant role in the country's infrastructural development".
He said in all the circumstances of this case he had come to the conclusion that it would "not be just or convenient" to grant the injunction.