A dispute over the laying of services through certain lands as part of the Adamstown strategic development zone in Lucan, Co Dublin has come before the Commercial Court.
The action has been brought by Timothy Crowley, a businessman, of Aranmore Road, Dublin 4 and Henry Crowley, a businessman, of Coolmore, Finstown, Lucan.
It had also initially been brought by Mary Crowley, of Deerpark Close, Castleknock, Dublin. She died last February and the court heard an application will be made to appoint Timothy and Henry as personal representatives of Mary.
Their case is against Quintain Developments Ireland Ltd, Adamstown Infrastructure DAC, Clear Real Estate Holdings Ltd and Adamstown Developments DAC.
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The Crowleys seek declarations including that certain lands they own at Adamstown have the benefit of easements, rights and/or privileges and that the defendants are required to facilitate them in exercising those rights.
This, they claim, is to be done by servicing their lands by laying new service media under, through or over the lands to connect with certain connection points. They also seek a permanent injunction restraining the defendants from disturbing and/or interfering with the exercise of easements and rights.
On Monday, their case was admitted to the fast-track Commercial Court by Mr Justice Denis McDonald on the application of the defendants and with the consent of the plaintiffs.
In an affidavit seeking entry of the case to the commercial list, Michael Hynes, chief executive of Quintain, which is the development manager on behalf of the other defendants, said there are a total of 285 residential units in the St Helen’s 2 and St Helen’s 3 phases of Adamstown.
The institution of the Crowley proceedings had come at “a commercially sensitive time insofar as there are an aggregate of 285 units of housing at St Helen’s 2 and St Helen’s 3 which remain to be developed and/or sold”, he said.
Two legal warnings that litigation is pending (lites pendentes) have also been registered on the land, Mr Hynes said.
Negotiations are under way with the Tuath Housing Association to acquire an 80-unit apartment block, and the registration of the legal warning could impact on Tuath’s willingness to complete the deal until after the warning is lifted, he said.
Mr Justice McDonald approved directions for the progress of the case through the Commercial Court and adjourned it to July.
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