The High Court has reserved judgment on an application by the Wicklow County manager to have 17 county councillors pay an estimated legal bill of €120,000.
The bill arises from a failed attempt by councillors to have the court overturn the manager's decision on July 13th 2000 to grant planning permission for the conversion of a milking parlour at Oghill, Redcross for use as a pet crematorium.
It has been argued in court by lawyers for the majority of the councillors that no order for costs be made against the 17. Alternatively, if an order was to be made, it was contended such an order should apply only to three or four councillors who were alleged to be responsible for having instructed a solicitor which, it was claimed, then led to proceedings being issued against the manager.
The councillors have also stated that, at a meeting on July 10th, 2000, 22 of the 24 councillors voted in favour of a motion directing the manager to refuse permission. At the conclusion of submissions on the costs matter yesterday, Mr Justice O'Caoimh said he would give judgment in three weeks time.
Mr Justice O'Caoimh had ruled in a High Court decision in February 2003 that the councillors had not established substantial grounds to show the manager's decision to grant permission was incorrect. The manager had been entitled to treat the motion as being invalid and not binding on him, the judge found.
In a July 2003 court hearing, it was submitted that 17 councillors voted in August 2000 that a firm of solicitors, Fionnula Cawkhill and Associates, be instructed to bring proceedings against the manager.