An action by a local resident aimed at preventing the construction of the proposed prison at Thornton Hall in north Co Dublin was dismissed by the High Court yesterday.
Mr Justice Thomas Smyth also refused to refer issues raised in the case to the European Court of Justice.
Michael Kavanagh, Kilsallaghan, Co Dublin, had claimed the new prison would mean that about 2,500 people, including prisoners and workers, would be located in a purely agricultural area of Dublin if the prison went ahead.
A grandfather and retired Aer Lingus worker, he has lived beside the proposed site for more than 60 years.
Among his claims is that the proposed development of a prison and new central mental hospital on an agriculturally zoned 150-acre rural site near his family residence without prior public consultation and without any proper environmental assessment in accordance with EU law, is incompatible with the State's duties and obligations under EU law.
In his reserved judgment, Mr Justice Smyth dismissed Mr Kavanagh's action on the ground of inordinate and inexcusable delay in bringing it. While the case fell on that issue alone, the judge went on to also dismiss all other grounds of the action.
The judge said he found as a fact that the decision to replace Mountjoy Prison was a "stand-alone decision" and that, as of January 26th, 2005, Mr Kavanagh had notice of the intention to proceed with the project.
If Mr Kavanagh was as shocked as he had said when he heard of the plans to build a prison at Thornton Hall on the radio, it would not be unreasonable to act promptly, he said. He found he did not act promptly or in time.
The prison project was for the benefit of the people and the court had to be alert for delay caused by legal challenges, he said.
He said he was satisfied there had been inordinate and inexcusable delay on Mr Kavanagh's part in bringing the case and there was not sufficient or reasonable explanation tendered to the court on the matter.
Mr Justice Smyth said he also remained unconvinced that it was necessary to refer the case to the European Court of Justice. The judge will decide the costs issue on October 3rd.