A temporary order preventing work on the construction of an £11 million Fingal County Council headquarters in Swords town park was continued by the High Court yesterday.
The court's President, Mr Justice Morris, said the order would continue until Thursday, when the court would fix a date for the hearing of an application by Mrs Mary Bateman, Castle Avenue, Swords, for an interlocutory injunction. Such an order would prevent work on the new office block until after the hearing of Mrs Bateman's action against the council.
Last Thursday, Mrs Bateman was granted an interim injunction against the council. She claimed the council purported to pass a resolution on February 9th last extinguishing the rights of way through Swords town park.
The court was told the gates to the park were locked and work started on the construction of the new offices last Wednesday.
Mr Michael O'Donnell, for Mrs Bateman, yesterday said they were concerned that considerable damage had already been done to the park. The critical issue was the trees, he said. If they were destroyed, then the amenity value of the park would be destroyed.
Mrs Bateman claimed that the council had shown bias in its own favour by extinguishing the rights of way so that it could build a new headquarters, counsel said.
Mr John Gallagher SC, for the council, said the matter was of extreme urgency. It involved an £11 million development which had already been held up for two years and costs were escalating at an enormous rate. The council had gone through the statutory requirements for extinguishing the rights of way, he said.
An issue in the case was the ability of Mrs Bateman to give an undertaking as to damages. The council had no idea whether she had the resources to discharge any award of damages that might be made if it was successful in the proceedings.