A judge who heard that the non-stop "yelping and whining" of dogs was causing sleepless nights for neighbours has ordered that a boarding kennels be closed. Mr Peter Cagney, a property consultant, said in Dublin Circuit Civil Court that the irritating barking of dogs from the next-door Country Canine Club developed by Mr Michael Murphy eventually became intolerable.
Mr Cagney told his counsel, Mr Paul O'Neill, he had bought a house in Athgoe, Newcastle, Co Dublin, for peace and quiet. Months later he was being driven distracted by the constant barking of up to 30 dogs.
He said Mr Murphy, whose home was in Terenure, Dublin, had told him in an "aggressive confrontation" that he would do something about the noise nuisance but never did.
Yesterday, Judge Alison Lindsay said Mr Murphy had admitted in evidence he did not have planning permission for the boarding kennels. He had failed to carry out any works that might have abated the problem for the Cagneys.
"I am satisfied there was a nuisance as set out in the 1986 Control of Dogs Act, that Mr Murphy did not have planning permission to run the business of a boarding kennels and that he had failed to undertake any remedial work to minimise noise," Judge Lindsay said.
She said the nuisance to the Cagneys had to be abated and ordered that the kennels be closed down and no dogs be kept on the premises. Judge Lindsay granted a stay of three months to allow Mr Murphy to make other arrangements for the kennelling of the dogs.