A horse dealer who claims to have used about three acres of land adjoining Clondalkin Railway Station since 1977 is seeking a High Court declaration that he is the rightful owner of the area which Iarnrod Eireann intends to develop as part of a €357 million rail line.
Dennis Dunne has brought proceedings against Iarnrod Eireann who deny he has entitlement to the lands. The company claims they were acquired by the Great Southern and Western Railway Company in 1845, and that Coras Iompair Eireann, as successor in title since 1950, is the owner of the lands.
The company says the lands are to be used as part of a railway development involving extension of the suburban line from Cherry Orchard station in Dublin to Hazelhatch station in Co Kildare.
That rail project was sanctioned in November 2006 and works had been lawfully initiated in March last, it says.
It is claimed Mr Dunne knew or ought to have known the lands would be required for the project, which is claimed to have been under consideration for years. He also knew that until the project was undertaken, Iarnrod Eireann had no immediate need of the lands, the company contends.
If the court found the title held either by CIE or Iarnrod Eireann to the lands had been extinguished, then Iarnrod Eireann would use its compulsory purchase powers, it said.
It has counterclaimed for an order for possession of the lands and an injunction restraining Mr Dunne from remaining on the lands or interfering with works for the rail project.
Mr Dunne (54), of Rowlagh Avenue, Clondalkin, Dublin, told the court yesterday that he had found the lands "wild" in June 1977 ànd had placed his horses there after erecting fences, poles and wire.
Over subsequent years, he built stables for the horses and stored hay and feed. He said the local children called him "Dinty" and described the land involved as "Dinty's field".
In June 2006 the stables were destroyed by a malicious fire and he had rebuilt them, he said.
On December last, he claimed, Iarnrod Eireann had attempted to block his access to the lands and animals by erecting a concrete bollard but he continued to gain access.
He told his counsel Mr Seamus O Tuathail SC that, in March last, Iarnrod Eireann entered the lands and began digging up a portion of it and erected a concrete bollard.
His horses were forced into one corner of the field and he was able to use only a quarter of the area he normally had, he said.
Cross examined by Mr George Brady SC, Mr Dunne said he worked on building sites from 1979 until 1980 but had young people working for him at the time who looked after the horses.
He said the fences had cost him nothing and he had never got permission from the caretaker of the station house to pass through the property.
He denied that he had built one of his stables in the garden of the caretaker's grounds.
The hearing before Mr Justice Frank Clarke continues tomorrow.