An application by the Wicklow county manager to have 17 members of Wicklow County Council pay an estimated legal costs bill of €120,000, arising from the councillors failure to overturn the manager's decision granting permission for a pet crematorium, has been adjourned to October by the High Court.
The councillors had objected to a managerial decision of July 13th, 2000, granting planning permission for the conversion of a milking parlour at Oghill, Redcross, for use as a pet crematorium. They claimed that at a meeting on July 10th, 2000, 22 of the 24 members voted for a motion directing the manager to refuse permission.
No member voted against and it was claimed the manager was required to comply with the direction. They claimed the decision of July 13th, 2000, to grant planning permission for the development was in direct contravention of the councillors' direction.
In a High Court judgment last February, Mr Justice Ó Caoimh decided the councillors had not established substantial grounds to show the manager's conclusion was incorrect. The manager had been entitled to treat the motion as being invalid and not binding on him.
Mr James Connolly SC, for the county manager, yesterday said 17 councillors had voted in August 2000 that a firm of solicitors, Fionnuala Cawkhill and Associates, be instructed to bring proceedings to compel the manager to comply with the councillors' directions and directing the manager to "make necessary financial resources available in this regard".
Mr Connolly said that under legislation, the manager was the person designated to represent the council. During the hearing, Mr Michael Farrell, solicitor for Ms Liz McManus TD, said his client had been absent from the council meeting in August 2000 when the decision was made to bring proceedings.
Mr Connolly said the county manager was not seeking an order for costs against her.
Mr Padraig McCartan SC, said he represented seven other councillors who claimed they were not notified that councillors who voted in favour of the motion to bring proceedings would be personally liable for the costs of the High Court hearing.
Mr Justice Ó Caoimh adjourned the hearing to October 14th.