High Court steps in to stop sale of rural Limerick home

THE HIGH Court has ordered Limerick City and County Council not to sell a house it acquired compulsorily last summer, pending the conclusion of a legal challenge.

The former owner of a detached property at Foxhall West, Colmanswell, was granted permission to initiate judicial review proceedings.

The former owner, represented by Liam Carroll BL instructed by solicitor Daniel Krieth, is seeking to have his former home returned to his ownership and the vesting order quashed.

Following an ex parte application (one side only) last Thursday in the High Court, Mr Justice Charles Meenan imposed a temporary injunction ahead of the matter appearing in court again after Easter.

The property was entered on the Derelict Sites Register in March 2020. The council subsequently acquired the property compulsorily.

At the February meeting of Cappamore-Kilmallock Municipal District, the council was accused of “evicting” the elderly man from his house and leaving him without his home.

A council employee said the process was completed fully in line with the legislation and it is the owner’s responsibility to deal with dereliction.

The meeting heard that the former owner of the house became “very, very ill” around four years ago and left the property to stay with a relative. The meeting also heard that the man was “unaware” of the council’s proceedings.

A potential purchaser had agreed to buy the house for €45,000, intending to refurbish the house and occupy it.

The disposal of the property was deferred again - it had been deferred from the January meeting after Cllr PJ Carey objected to the disposal of property - to allow for legal correspondence between the former owner’s barrister and council.

At the March municipal district meeting last Thursday, director of transport and mobility Brian Kennedy gave councillors an update.

Mr Kennedy said the council has received legal correspondence on behalf of the former owner. He said there has been a “number of interactions” between the parties.

“The potential purchaser has pulled out due to the negative publicity,” said Mr Kennedy, who described this as “disappointing” with regard to the council’s endeavours to “tackle dereliction”. The property has been put up for sale, he said.

Vandalism attempt on security camera near site of Limerick assaults

Cllr Carey began reading out a statement in relation to the judicial review proceedings which occurred in the previous couple of hours, but was halted by Cathaoirleach John Egan.

“It is gone to law. It is out of our hands,” Cllr Egan.

Cllr Carey, Clrr Eddie Ryan and Cllr Ger Mitchell all objected to this, saying Cllr Carey should be allowed to read out his statement.

“You didn’t stop Brian (Kennedy) talking. It is very unfair and unbalanced,” said Cllr Eddie Ryan. Cllr Egan said it was on the agenda for an update.

Cllr Mitchell said: “He (Cllr Carey) is entitled to make a statement.” Cllr Eddie Ryan said: “The council sold a house out from under a man for €45,000.”

Speaking to the Limerick Leader after the meeting, Cllr Carey said: “I was “disappointed that I was prevented from reading out the statement”.

“I just wished to inform the meeting that the High Court had granted a temporary injunction earlier that day. The constituents that I represent have a right to know about the council’s actions and specifically that it is using the Derelict Sites Act to compulsorily acquire the privately-owned homes of normal people.

"I also believe it is important that the public should know about this behaviour by the council and should know that the High Court has seen fit to intervene to prevent the sale of this property in Colmanswell,” he continued.

While the case in question will be heard in full by the High Court in due course, Cllr Carey said it was his opinion that the council is acting “with disregard for ordinary people who are entitled to own private property without it being taken out from under them”.

Cllr Carey said the Derelict Sites Act is legislation that gives the local authority powers which they “should be using with the extremist caution and only in appropriate cases”.

“I have been made aware of further examples of the council’s use of this legislation and I will be assisting these constituents to ensure their rights are not infringed,” concluded Cllr Carey.