Tenor takes action over quarrying

Tenor Frank Patterson and his wife, Eily O'Grady, have taken a High Court action to restrict quarrying near their home at Brittas…

Tenor Frank Patterson and his wife, Eily O'Grady, have taken a High Court action to restrict quarrying near their home at Brittas, Co Dublin.

Mr Michael Murphy, owner of lands at Aughfarrell, Brittas, claimed the lands were first quarried by his grandfather in 1900 and his late father and himself had quarried since then. He also claimed Mr Patterson and his wife only occasionally lived at their Co Dublin home and were mainly resident in the US.

In an affidavit, Mr Patterson claimed he brought legal proceedings in about 1977 to prevent blasting and quarrying operations. He believed the "unauthorised" use and development of the lands stopped in 1978.

He said that in 1990 machinery was moved back into the quarry and blasting occurred. Conditions at his home had been unbearable, he said. They had been obliged to live elsewhere as much as possible.

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In his affidavit, Mr Murphy said the property which Mr Patterson had bought in 1973 was not, as Mr Patterson claimed, in a "quiet pastoral setting" but was in an area with extensive quarries.

The operation provided direct and indirect employment for 20 people, including his four children, Mr Murphy added.

Mr Diarmaid McGuinness SC, for the quarry owner, submitted that the 1977 High Court order was intended only to prevent quarrying by blasting.

The proceedings against quarrying have also been taken by Mr Brendan and Mrs Brenda Noctor and by Mr Aidan Clarke. The court was told that Mr Murphy had bought Mr Clarke's property and his claim was withdrawn.

The hearing continues before Mr Justice Budd today.