A Supreme Court appeal is to be lodged against yesterday's High Court ruling that three Wicklow county councillors must pay the costs of their failed action against the local authority.
The bill arises from the action by Mr Pat Doran of Fianna Fáil, Mr Tommy Cullen, Independent, formerly of Labour, and Mr Nicky Kelly of Labour.
The councillors took their action against the decision of the county manager, Mr Eddie Sheehy, to grant planning permission for a pet crematorium at Redcross in July 2000.
After yesterday's ruling on costs left the councillors with a potential bill over €120,000, Mr Kelly said he would "go to jail first" before paying.
Mr Kelly served one-third of a 12-year jail sentence in connection with the robbery of a mail train at Sallins, Co Kildare. He was released in 1984 and later received a presidential pardon.
Mr Kelly said he would definitely appeal to the Supreme Court, and if unsuccessful there he would appeal to the European Court. He said the councillors were not wealthy men, claimed the case was far from over and said there were solicitors who would take the case on principle.
Efforts to contact Mr Doran or Mr Cullen were unsuccessful last night.
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