RESIDENTS who lost their case against the construction of the State's bigger dump at Kill, Co Kildare were refused leave in the High Court yesterday to appeal the decision to the Supreme Court.
Mr Justice Barr, in refusing the application, said preparatory work should proceed on the dump. He added that the time factor for tape local authorities was critical and important. Every day lost shortened the life of the proposed dump and prevented Dublin city and county from using it as a viable waste disposal site to replace the two dumps which would very shortly come to the end of their lives.
He said a lot of preparatory work had to be done before the dump could come into being and that work should proceed.
In refusing the appeal, Mr Justice Barr said the point of law raised which the residents wanted to appeal to the Supreme Court had already been addressed in a previous case on appeal.
The judge gave leave to the residents to raise the question of whether he should refer the case to the European Court of Justice. He said it was at the discretion of the trial judge as to whether it should be referred.
He told Mr David Byrne SC, for the residents, that no application had been made to him on this point. He said the other parties in the case must be put on notice if a motion was to be brought. He would give liberty to the residents to bring an application if they wished.
The Dublin local authorities want to open the 126 acre dump, at Arthurstown, to take waste over a 10 year period.