Sligo Corporation has taken a High Court action to make two directors of a building firm personally liable for the cost of completing a 20-year-old housing estate in the town which is alleged to be in an "appalling state of dereliction".
The action is against Mr Thomas and Ms Pauline Maguire of Cliffoney, Co Sligo, and concerns 90 houses built by the Maguires' company, Cartron Bay Construction Ltd, at Cartron Bay, Sligo. The company secured planning permission for the estate in the mid-1970s.
According to statements in court yesterday, the condition of the estate has reached "crisis proportions" and the cost of remedial works was estimated two years ago at £329,000.
Mr Patrick Keane SC, for the Maguires, told Mr Justice O Caoimh his clients would acknowledge the estate was not completed but would argue about the extent of the work required to be done. They claimed the company was insolvent and did not have the money to do the work.
Mr Henry Abbott SC, for Sligo Corporation, said there had been ongoing disputes in relation to the failure to complete roads, services and sewers in accordance with the planning permission.
In the late 1980s, proceedings were taken by the corporation under the Planning Acts to have the work completed but there had been no substantial compliance with the High Court order made at that time, counsel said. That failure had prompted the corporation to seek an order of attachment or sequestration of the Maguires' assets.
The corporation alleged a certain amount of "cosmetic" work had been carried out in relation to roads and manholes. When the matter had come back before a previous High Court hearing, counsel for the company had argued the corporation should have accepted that the work had been done and claimed the corporation was attempting to set new standards.
After an order was made directing the company to produce documents, Mr Abbott said the corporation had become suspicious that six houses retained by the company had been rented out and the proceeds went to the directors.
Mr Michael Mullooly, for the Maguires, said his clients could not be made personally liable as the proceedings referred to a High Court order which had been made against the company only.
He read from an affidavit of Mr Maguire who said neither he nor his wife, as company directors, intended to continue in wilful disobedience of the court order. They were not personally responsible for the company's affairs. The company was insolvent and had ceased trading.
Ms Anne Kelly, an engineer, said the estate was in an appalling state of dereliction and there had been consistent failure to adhere to normal construction standards. She estimated the value of the remedial work carried out as £2,000.
The hearing continues today.