Jackson Way seeks €12.8m as compensation for M50 land

A company of businessman Jim Kennedy wants a court order directing it be immediately paid a €12.8m arbitrator's award made to it in 2003 as compensation for land needed for the M50 motorway.

Jackson Way Properties Ltd (JWPL) says alternatively it should receive €7m of the award immediately pending determination of a separate legal action related to the title of the land, the High Court heard.

In November 2003, an arbitrator ordered Dun Laoghaire Co Council to pay €12.8 to JWPL for an 18-acre "take" of land in Carrickmines, south Dublin, required for the motorway which was subsequently built.

There followed years of legal cases including a freezing order obtained by the Criminal Assets Bureau (CAB) alleging corrupt enrichment of JWPL as a result of rezoning of the land by Dublin county councillors in the 1990s.

CAB later withdrew its case against JWPL following a failed prosecution for corruption against Mr Kennedy and a number of councillors. CAB said its case could not proceed due to unavailability of witnesses.

Martin Hayden SC , with Frank Beatty BL, for JWPL, said all those cases have been withdrawn.

JWPL is now suing CAB for damages for misfeasance in public office, counsel said. CAB denies the claims.

JWPL is separately suing Dun Laoghaire Council for judgment for the €12.8m arbitrator’s award. It also seeks orders an alleged legal issue over title to the land does not affect its entitlement to payment of the award.

The issue relates to a “restrictive convenant” imposed on the land in 1962 as part of a deal between the previous owners and their neighbours.

That prevented building on a certain portion of the land which JWPL says is less than a third of an acre and is isolated from the main body of land by the Carrickmines River.

There are separate proceedings by an adjoining landowner in relation to the restrictive convenant due to be heard in December.

Mr Hayden said, notwithstanding those pending proceedings, the court should order payout of €7m of the €12.8.

His client was denying the restrictive convenant carried over when ownership changed hands in subsequent years.

Even if there was such a restriction preventing a building being erected on the land, JWPL argues the subsequent use of the land – a motorway – did not breach the convenant as a road is not a building.

Dun Laoghaire Council is opposing the JWPL claim and argues no payment can be made until the separate proceedings by the adjoining landowners are dealt with.

The case continues before Mr Justice Donald Binchy.