THE OWNER of the "Pink Panther" grocery shop, which has operated from a container in Ballymun for some 30 years, has secured an interim court order restraining interference with the shop by Ballymun Regeneration Ltd (BRL).
Ms Justice Mary Laffoy granted the temporary injunction yesterday to Daithi MacCarthaigh, for shop operator Matthew Prendergast, against BRL, which is demolishing the area around the shop.
The injunction continues until further court order, but BRL is entitled to apply, at 48 hours' notice to Mr Prendergast, to vary or discharge it.
Outlining the case, Mr MacCarthaigh said the shop had operated in Ballymun for the past 30 years and that Mr Prendergast had run it since June 2002.
Counsel said he believed the land on which the shop was located may be legally owned by Fingal County Council, but his client was claiming ownership on the basis of adverse possession (squatter's rights) because of the length of time that the shop had been in that location.
He said there had been negotiations between Mr Prendergast and BRL and the company had given undertakings on three occasions to his client. However, the last of those had expired on Monday and Mr Prendergast had stayed overnight in the container because he feared it would be destroyed.
Mr Prendergast had not traded in the shop since September last because of the works and, while unemployed, did some community work. He wanted to continue operating the shop as it was his main source of income.
The judge said that she would grant an interim order directing BRL not to interfere with Mr Prendergast's right of peaceful possession of the shop.