A couple's plan to develop public access to what is claimed to be the world's largest stalactite, in an underground cave near Doolin, Co Clare, was at the centre of a High Court dispute yesterday.
Mr and Mrs John Browne, restaurant owners, of Broadford, Doolin, Co Clare, claim that Mr Patrick Woods, a farmer and contractor, of Ballygreen, Doolin, has failed to complete a £25,000 contract for the sale of the land which would give them access to the cave.
The Brownes claim Mr Woods agreed in 1990 to sell them over seven acres of land for £25,000. They claim the contract had a two-year expiry date and was subject to planning permission. Permission was obtained from An Bord
Pleanala in June 1992, and in June 1993 it affirmed permission for a proposed underground tunnelling plan.
In court yesterday Mr James Dwyer SC, for the Brownes, said the intention was to open the cave to the public. Although not part of the contract, a licence was provided that would give his clients underground access to the cave. The intention was to build an interpretative centre and a large car-park. However, by 1993 Mr Woods had indicated, after a new contract had been drawn up, that he did not wish to proceed with the land transaction. No prior indication of his intention was given.
Counsel said the issue in the case was whether there was a valid contract between his clients and Mr Woods and, if so, what the nature of that contract was.
The Brownes are seeking an order for specific performance of the alleged agreement with Mr Woods, damages for breach of contract and, if necessary, an order to restrain Mr Woods from interfering with them or their agents in entering the caves under his property.
Mr Woods denies he agreed to sell the lands.
Alternatively, he says that, if he did agree, the agreement was void and unenforceable in law in that it was intended to deceive the Revenue Commissioners.
Yesterday Mrs Browne told the court she and her husband offered to pay Mr Woods three or four times the value of the land as part of the contract. A purchase price of £25,000 was agreed at the offices of their joint solicitor, Mr Joseph Chambers, and Mr Woods, who was present, also signed the contract.
In October 1992 a second agreement was entered into with Mr Woods because further planning permission was required for the underground tunnelling, she said.
At the time Mr Woods was complaining that the purchase price was too small, Mrs Browne said. She and her husband agreed to give Mr Woods £10,000 of the purchase price if the time extension was given on the purchase contract.
However, in summer 1993 Mr Woods appeared to change his mind about the deal, she said. They offered him more money and even a partnership in the project, but he said he was not interested.
Cross-examined by Mr George Brady SC, for Mr Woods, Mrs Browne said there was no discussion of a £45,000 "under-the-counter" payment to Mr Woods in addition to the £25,000 in the contract.
The hearing continues today.