This article is from page 23 of the 2013-06-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 23 JPG
AT A recent sitting of the Circuit Court in Ennis, presided over by the President of the Circuit Court Mr Justice Raymond Groarke, a quarry operation carried out at Moveen, Kilkee was forced to close its gates when the judge granted an injuction to six co-owners which ordered the defendant, M Gerry Whelan to cease quarrying the lands in question.
The case arose from the ownership of some 174 acres at Moveen, near Kilkee and the operation of a quarry on part of the commonage by Gerry Whelan.
Plaintiffs Andrew Curtin, Caroline McMahon, Michael Murrihy, Damien McInerney, Eileen Walsh and Thomas Collins are six of eleven co-owners.
The defendant, Mr Gerry Whelan is another co-owner and operates the quarry.
The court heard that up to 2007 an agreement existed between most of the co-owners and Mr Whelan for the operation of the quarry, but this had expired in September of 2007. Mr Whelan however continued to operate the quarry and the plaintiffs alleged that Mr Whelan was obliged to account to them for royalties since that time.
The Circuit Court heard from one of the plaintiffs, Mr Whelan and also from engineers on behalf of the plaintiffs and defendant. Judge Groarke advised that Mr Whelan was obliged under the law to account to his co-owners.
He granted an injunction to the six plaintiffs directing the defendant, his servants or agents to forthwith cease quarrying the lands at Moveen together with an injunction restraining the defendant, his servants or agents, from the repitition or of continuance of the acts of trespass and nuisance as complained and an injuction in further acts of buying or development of or upon the commonage lands.
The judge also awarded the sum of € 83,427 to the plaintiffs, to be divided at one sixth each. He awarded costs to the plaintiffs.
He dismissed the defendants counterclaim with no orders to costs. Counsel for the plaintiffs was Lorcan Connolly BL, instructed by John Callinan and Co Solicitors, while counsel for the defendant was Pat Whyms BL, instructed by O’Keeffe Moylan Solicitors.
In his evidence to the court one of the plaintiffs, Andrew Curtin, indicated that the quarry provided local employment and that he didn’t wish to see it closed down, but wanted the exploitation of the commage to be regulated.