Mayo business resolves 11-year legal dispute with local authority over bridge works

A Castlebar couple who had to fight Mayo County Council for 11 years have resolved their High Court action against the local authority.

Anthony and Eileen Leneghan of Leneghan’s Butchers on Linenhall Street, Castlebar, had their case heard by Mr. Justice Liam Kennedy at the High Court over three days.

On the morning of the third day of the hearing, counsel for the Leneghans, Eanna Mulloy, SC, instructed by J.V. Geary Solicitors, informed the High Court that the parties had resolved their differences and “that happily, the case could be struck out with costs to the Leneghans.”

The case arose from works which commenced in February and March 2014 where then Castlebar Town Council commenced a schedule of works which involved the replacement of the existing footbridge over the Castlebar river within a few feet of the Leneghan premises.

The council insisted on proceeding with the works, notwithstanding objection by the Leneghans arising from no consultation with them nor any effort to address their concerns.

The High Court heard that the works proceeded without heed by the contractors appointed by the council and this interfered considerably with the Leneghan’s property and business, caused damage to their butcher premises and adjoining cold room.

The council continued the programme of works unabated for several days in the spring of 2014.

The Leneghans were obliged to institute proceedings to protect their property rights and prevent further damage to their premises. The contractors finally withdrew from the location and ceased the works.

The High Court heard that damage had already been done during the course of the works, with heavy machinery and compression drills been used which caused destabilisation.

The council denied any liability and denied that the piling works caused any structural damage to the Leneghan property.

It was claimed by the local authority that their cold storage room at the rear of the premises was an unauthorised structure despite it being in situ for more than 20 years and without issue from the council’s planning department.

The council contended that the Leneghan cold storage room had pre-existing subsidence issues prior to the piling works being carried out and a full defence was filed.

Mr. Justice Kennedy heard that although the Leneghans had issued legal proceedings in August 2014, their solicitor was instructed not to serve the council with the court papers until July 2015 as the couple were hopeful that the matter could be resolved amicably without the necessity of having to go to court with the added cost, worry and stress of this.

Anthony Leneghan, a native of Ballycroy, opened his family butcher shop in the county town in 1994 and together with his wife Eileen, originally from County Donegal, built up their butcher’s business on Linenhall Street and raised their family.

Their claim against Mayo County Council, which had taken over responsibility for Castlebar Town Council, was for trespass, nuisance and damage to their premises.

The Leneghans also claimed that the council had greatly exceeded any of their rights of access, impeded their use and enjoyment of their property, damaged their floor levels, incline, and drainage internally.

The court action arose from the non-cooperation of the council, their refusal to provide assurances that further damage would be avoided and failure to agree to respect their rights when called upon to do so.

Chris Southgate, structural engineer for the Leneghans, gave evidence to the court, as did the accountant for the couple who had represented them for almost three decades regarding the financial impact the works had on their business following the closure of the adjoining archway leading to the town’s car park for a period of time.

Anthony Lenegan gave evidence to the High Court as to how the whole ordeal had impacted on himself and his wife Eileen and family - both personally and in their business.

He said that word had got out around Castlebar that they were not supporting the development and progress of the town, which he said could not have been further from the truth.

The case resolved itself in advance of the county council calling their first witness.

Speaking outside the Four Courts, the Leneghans said that they were pleased that the case had finally ended and that their nightmare was over.

When Mr. Justice Kennedy was asked to strike out the proceedings, he commented that there were lessons to be learned by local authorities arising from the case and that these should be taken on board.