The High Court could halt work tomorrow on the controversial Carrickmines section of Dublin's M50 motorway.
Mr Justice Michael Peart today ordered lawyers for Dun Laoghaire Rathdown County Council to produce detailed affidavits detailing the work being carried out on the ruins of Carrickmines Castle.
He said he will then make a decision on whether to halt construction on the South Eastern Motorway until a full interlocutory hearing is heard late next week.
Conservationist, Mr Dominic Dunne of Benburb Street, Dublin 7 applied for all work to "freeze" until the full hearing next Thursday and Friday. He claims the work is unconstitutional and contrary to EU laws.
Mr Colman Fitzgerald, SC, for Mr Dunne said that diggers and trucks could have demolished, removed or buried parts of the castle ruins by the time of the full hearing.
But counsel for the local authority, Mr Conleth Bradley, SC, said the excavation work - which recommenced after a lengthy break on Monday - was being carried out in accordance to proper archaeological excavation procedures. "This is not a demolition," he told the court.
Justice Peart said he didn't want "a race between the diggers and the court" and ordered sworn affidavits to be submitted this evening indicating details of the work being carried by the local authority.