Central Dublin Development Association v Attorney General

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1975
• Date: 01 January 1975

(H.C.)

Central Dublin Development Association

and

The Attorney General

Property rights -Compulsory acquisition - Pawers of planning authority - Limited judicial power - Development plan - Obsolete area - Local Government (Planning and Development) Act, 1963 (No. 28), ss. 2, 5, 19-22, 26, 28-30, 33, 35-37, 56-58, 69, 75, 77-79, 82 - Constitution of Ireland, 1937, Articles 34, 40, 43.

The plaintiffs were owners of property in the city of Dublin. They claimed that their property rights would be affected adversely by certain proposals of the planning authority acting under powers conferred upon them by the provisions of the Act of 1963. They claimed in the High Court a declaration that several provisions of the Act of 1963 were invalid having regard to the provisions of the Constitution. Held by Kenny J., in dismissing the plaintiffs' claim, 1, that the plaintiffs had a sufficient interest to enable them to make their claim. 2. That none of the impugned provisions of the Act of 1963 were repugnant to the Constitution. 3. That such powers of a quasi-judicial nature as had been conferred upon the Minister for Local Government or upon the planning...