A dispute involving a 120-year- old rowing club that is claiming a right-of-way through privately owned land to the shores of Lough Leane, Killarney’s biggest lake, has already led to costs of €150,000, the Circuit Civil Court has heard.
Fossa Rowing Club is suing Cornelius Anthony Dennehy of Fossa, Killarney. An adjoining landowner, Maurice O’Connell, of Lakeview House, Fossa, has also lodged a civil bill claiming a right-of way through Mr Dennehy’s land to a 200-year- old entrance to his house, the court in Killarney was told.
Mr O’Connell claims he has a right through Mr Dennehy’s land near the Fossa shore from the public road to Lakeview House’s “secondary entrance . . . a big gated entrance with big pillars”, the court was told.
Terminus
For 200 years, that terminus had been there, said Denis Horgan, counsel for both the rowing club and Mr O’Connell.
A “magnificent club house” had been built on the shore and it was “an absolute necessity” for members to get to it.
He said his clients’ right-of- way was interfered with in 2010 and a previous judge had asked the sides to go to mediation. “Mediation was an absolute waste of time,” he told Judge Terence O’Sullivan yesterday.
Five years later, “possible costs” had reached €150,000. The case should be heard as a matter of urgency, he said.
Mr Dennehy’s counsel, Elizabeth Murphy, said the rowing club, because it was unincorporated, did not have a legal status in the first place to sue her client, as it had not nominated representatives. She suggested the claims should be struck out.
Names and addresses
The club should have provided the names and addresses of all its 80 members so her client could take proceedings against them if he wished, she said.
“Mr O’Connell’s pleadings also set out in glorious detail various claims of people who are not part of these proceedings,” Ms Murphy said.
Mr Horgan said he wanted it placed on the public record that the rowing club and Mr O’Connell were not pursuing a claim for a public right of way, but for a private right of way.
The judge said somebody should be nominated to represent the rowing club “so if things go wrong they are in the firing line for cash”.
He made an order for five people named in court to be nominated to be authorised as representatives of the Fossa Rowing Club. He reserved costs and defence is to be filed by October 1st next, with the matter to be given priority on the county registrar’s list.