THE HOME and business premises of a man and his family has been so seriously damaged as a result of the demolition of an adjoining property almost seven years ago it must be demolished and rebuilt, it has been argued before the High Court.
Andrew Ledwidge (66) and his family have lived in and operated a hardware business from a three- storey terraced property at Main Street, Bray, Co Wicklow, for the past 60 years, Mr Justice Roderick Murphy was told yesterday.
They claim the building has been so damaged it must be demolished and rebuilt in accordance with the recommendations of an engineer’s report.
Mr Ledwidge claims the damage resulted after developers Ballymore Properties demolished the adjoining premises in Main Street, with a view to developing the site in summer 2004, but left an internal wall exposed to the elements.
Mr Ledwidge, trading as Ledwidge Properties, is suing Ballymore Properties and Florentine Properties, both of Fonthill House, Palmerstown, Dublin. He wants an injunction requiring the defendants to carry out works to protect his premises. Mr Ledwidge is also claiming aggravated and exemplary damages for negligence, nuisance, trespass and interference.
Sarah Moorehead SC, for the defendants, said while her clients accepted they had damaged Mr Ledwidge’s property, they did not accept the building needed to be demolished and rebuilt. The defendants had also made proposals to carry out repairs on the property.
Des O’Neill SC, for Mr Ledwidge, said the proposals were not sufficient to deal with the problems.
Mr O’Neill said the demolition works carried out on the defendants behalf had resulted in the south-facing side of his client’s home being left exposed and vulnerable to the elements. The premises had sustained water damage, there were areas of dampness, damage to the roof and the property has become considerably colder and very uncomfortable to live in. The proposed development never went ahead.
Mr O’Neill said the damage caused great concern and stress for Mr Ledwidge who would have to relocate while his home was being repaired. That process could take up to a year to complete.
The case continues today.