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Landowner unaware of responsibilty for trees

This article is from page 23 of the 2008-05-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 23 JPG

THE owner of land on which 450 trees were uprooted did not realise her responsibility for the trees, a court has been told.

Sarah McInerney (36), of Clohan- more, Cree, appeared before En- nistymon District Court, arising out of an inspection a year-and-half ago.

A forester with the Department of Agriculture and Food, Inspector Kevin Keary told Ennistymon Dis- trict Court that he had inspected a 0.9 hectare site on October 13, 2006.

He said that the site had been plant- ed in 1994 and a significant quantity of trees had been uprooted.

“It was impossible to count them without the aid of a JCB,” he said.

The court was told that an agree- ment was reached that the amount of trees was 450.

Defending solicitor Michael Ryan said his client had gone to her solici- tor when she was purchasing the land and there had been a “miscommuni- cation.”

Mr Kevin Keary accepted that Ms McInerney had no knowledge of any

legal obligations regarding those aKoxe

Mr Ryan said that “a portion of the trees had already been cut down when she purchased.”

He said his client, an Irish-Amert- can, moved to Ireland in 2003 and bought the property the following year.

“She never wanted the trees. She

felt as she wasn’t getting a grant, she had no responsibility for the trees. It wasn’t malicious. It was a genuine mistake,” he said.

He said that the department will be re-issuing a replanting order. His cli- ent would face the expense of this, along with clearing the area.

Judge Joseph Mangan fined her ol Op

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