The Supreme Court has granted an interlocutory injunction against Dún Laoghaire/Rathdown Council restraining it from removing removal of part of a medieval fosse, or ditch, from lands at Carrickmines Castle, Co Dublin.
Dún Laoghaire/Rathdown County Council is now restrained from carrying out any more work on the site to facilitate building of the new south-eastern motorway.
Mr Dominic Dunne and Mr Gordon Lucas were appealing against the High Court's refusal two weeks ago to grant an interlocutory order restraining interference with the ditch. The Supreme Court ruling overturns that refusal.
The court also ruled that Dún Laoghaire/Rathdown County Council and the Minister for the Environment should now present evidence to the court that proves the castle is not a national monument before any work can restart.
Also, it must be shown that the application for the excavation licence was sent to both Dún Laoghaire/Rathdown and the Minster for the Environment.
Mr Dunne and Mr Lucas claimed in court that Dún Laoghaire/Rathdown County Council was committing "a criminal offence" in continuing certain works at the castle without having statutory consent under the National Monuments Acts for such works.
The matter must now go back to the High Court.
Following the judgment, Mr Dunne told ireland.coma new group - Friends of Carrickmines - had been formed and that they were seeking membership and financial help from the public to aid in their campaign in the High Court.
The matter must now go back to the High Court.
Following the judgment, Mr Dunne told ireland.coma new group - Friends of Carrickmines - had been formed and that they were seeking membership and financial help from the public to aid in their campaign in the High Court.