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It could cost around € 300,000 to stabilize a cliff-shaped slope behind a 20-house hillside terrace in Dublin following alleged unauthorized tunneling, the Civil Circuit Court has heard.
Judge Francis Comerford was told Monday there was a continuing danger to life and property from falling dirt and rocks in the back gardens of Weirview Cottages, which overlook the River Liffey in Lucan.
The court has heard that one property owner, Thomas Kelly, claimed to have purchased title to his 19 neighbors’ backyards from a development company.
Johny Mooney, a reporter for the Sunday Times, told the court that he could not believe it when he was told that his backyard and that of his neighbors had been bought under them.
Geotechnical engineer Ciaran Reilly told attorney James McGowan, attorney for Mr. Mooney and four of his neighbors, that when he surveyed the area behind the cabins he found that a 2m high tunnel had been dug into the face of the slope. . He told Mr. McGowan, who appeared with attorneys McCarthy and Associates, that there was a continuing danger of falling rocks and that some had fallen into two yards.
Dangerous areas
Mr. Reilly said that in a joint inspection with engineer Greg Daly, for Mr. Kelly, they assumed that a wire mesh covering in hazardous areas would probably be the safest and most prudent way to stabilize the area. This was estimated to cost more than 300,000 euros.
He said there may be serious budget constraints regarding stabilization of the area, which requires urgent and immediate attention.
Mooney, Pat Howlett, William Stapleton, Pio O’Leary and Edward Roche are seeking legal statements that they have legal ownership of their backyards and have right of way to access them.
Residents say that for years, if not generations, the occupants of their homes have had the use of private gardens that extend far beyond their backyards. They are claiming ownership of their gardens for adverse possession for more than 12 years.
The court heard that Kelly had purchased the land incorporating Shannon Homes’ back gardens, which Laraghcon had developed on the cliff behind Weirview.
‘Land grabbing’
Kelly, who is represented by attorney Richard Downey and Fitzgerald Solicitors, has yet to present evidence for the trial. Mr. Downey said the plaintiffs were involved in a “land grab” against Mr. Kelly.
Attorney Rory Kennedy appears with Keith Walsh Solicitors for Paul Lynam, one of a trio of neighbors that Mr. Kelly was previously convicted of harassing and who instigated a civil proceeding in Superior Court against him.
Mr. Kelly (66) was previously found guilty in Blanchardstown District Court of harassing three of his neighbors, including Mr. Lynam and Mr. Mooney, and was given a suspended sentence of four months. You have already agreed not to harass or invade.
The case continues.
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