Courts

Court grants order restraining man from placing horses on lands earmarked for data centre

Order was secured by siblings Bernard, Lorcan, Nicola and Patrica Ward, who own a 2.5-acre site in Co Meath, against Mannix Coyne, who lives nearby

The court heard the property was the subject of planning permission by a company called Enginenode Limited for the construction of a data centre, part of which will be built on the 2.5-acre site. Photograph: Bryan O'Brien

Aodhan O'Faolain
Tue Mar 12 2024 - 16:29

The owners of lands in Co Meath earmarked for a data centre have secured a temporary High Court injunction restraining a neighbour from accessing or placing horses on their property.

The order was secured by siblings Bernard, Lorcan, Nicola and Patricia Ward, who are the owners of a 2.5-acre site known as the Bracetown, Clonee, Co Meath, against Mannix Coyne, who lives nearby.

The court heard the Wards have entered into a commercial agreement, the terms of which are confidential, to sell their lands.

The court also heard the property was the subject of planning permission by a company called Enginenode Limited for the construction of a data centre, part of which will be built on the 2.5-acre site.

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The Wards claim that Mr Coyne, who is opposed to the data centre, was placing his horses on the plaintiffs’ lands without their permission and has alleged some sort of proprietary interest in the property.

At the High Court on Tuesday, counsel for the Wards, Stephen Moran, said the defendant has no entitlement to the lands in question.

Counsel said that over the years his clients’ father, who previously owned the property, had granted Mr Coyne a series of grazing licenses in respect of the lands.

However, the last such agreement expired in 2021, counsel said.

Despite the termination of the grazing arrangement, counsel said, it is the Wards’ case that Mr Coyne has continued to place his horses on the lands.

Despite legal correspondence being exchanged between the parties, the defendant has refused to remove his animals.

Counsel said Mr Coyne and members of his family unsuccessfully opposed the application for planning permission for the proposed data centre.

He also sought to have the grant of permission judicially reviewed by the High Court. That action was rejected by the High Court last year, counsel said.

The Wards say that because of the defendant’s alleged actions they are concerned the commercial arrangement for the sale of the lands may be put at risk, as they are due to hand over vacant possession of the site later this month.

Counsel said “no credible basis has been offered by the defendant to show that he has any propriety claims to the lands”.

Counsel said that “every attempt has been made by my clients to engage with the defendant”, but none have been able to prevent the necessity for them to come to court.

Counsel said that undertakings to remove the horses from the lands had been sought from Mr Coyne.

Unfortunately, none were forthcoming, counsel said.

Counsel also agreed with Mr Justice Mark Sanfey that the defendant’s actions may well be linked to his opposition to the proposed data centre.

Ruling on the matter, the judge accepted that the application was urgent to the degree that the granting of interim order on an ex parte basis (only the plaintiffs were represented) was justified.

The judge said he was prepared to grant a temporary order prohibiting Mr Coyne from entering into, accessing or placing his animals on the property.

The court accepted that while it had only heard from one side involved in the dispute, sufficient evidence had been advanced by the plaintiffs to allow the court to grant the injunction.

The judge adjourned the matter to a date later this month.

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