A new challenge is to be launched in the coming week to the controversial plans to build a roundabout near Carrickmines Castle in connection with the route of Dublin's South Eastern Motorway.
Indications that new judicial proceedings are to be issued came late today as the High Court discharged a previous court order preventing Dun Laoghaire Rathdown County Council demolishing or removing archeological remains at Carrickmines Castle.
On the application of the council, Ms Justice Carroll discharged an injunction granted earlier this year which had prevented the council demolishing or removing a mediaeval fosse — ditch — at Carrickmines Castle. The injunction prevented interference with the fosse without a valid consent under the National Monuments Act (NMA).
Mr Dermot Flanagan SC, for the Council, said the required consent had now been obtained and he saw no legal reason why the injunction should not be discharged.
As a matter of law, the order in the proceedings before the court ought to be lifted forthwith and the Council was now entitled to continue with the works, Mr Flanagan added. The matters were urgent. There had been many delays arising from the legal challenge.
Mr Frank Callanan SC, for the two applicants who had taken the proceedings — Dominick Dunne, Collins Square, Benburb Street, Dublin, and Gordon Lucas, Willbrook Lawn, Rathfarnham — said Mr Dunne intended to issue proceedings aimed at impungning a consent of the Minister for the Environment of July 3rd last.
Mr Callanan said neither he nor the solicitor in the present case were acting in the new proceedings. Mr Greg Casey, solicitor, was advising and representing Mr Dunne in relation to any further proceedings that may arise, counsel added.