Plans for a much needed renovation and extension to the existing courthouse in Killarney cannot go ahead, the Court Service has announced.
The decision comes after protracted attempts to acquire land from the town council which owns the site surrounding the courthouse "bore no fruit" a spokesman said.
Attempts to acquire a greenfield site since early last year have also failed, leading to fears among local representatives the Killarney court may now be transferred to Tralee.
Last year the council sought legal advice on a 400-year-old charter on the right of Birds Amusements to hold annual fairs in the car park surrounding the courthouse.
The casual trading area on the site would also be affected were the extension to be allowed, a council meeting held.
The legal advice to the council confirmed the funfair had an annual right to the car park in accordance with the 1620 royal charter which established fairs at the site, officials told councillors in December.
No decision has been taken with regard to the disposal of the old court building, the Courts Service said. Killarney council officials said they were studying the recent High Court decision with regard to a site in Listowel in which the High Court ruled against a 17th century charter.
With just one court room, and a leaking roof, the old courthouse, a protected building, in Killarney is in dire need of repair. The Court Service was forced to move to a rented premises.
Two years ago the courts service had drawn up a design for renovation and secured finance for the extension works but was forced to withdraw when the council could not provide the necessary land.
Cllr Sheila Casey FG said the town did not want to lose the local court and the council would continue to look out for suitable sites. Modern court service needed a lot more space.