Harrington Confectioners Limited & Ors -v- Cork City Council, [2005] IEHC 227 (2005)

Docket Number:2005 No. 80P
Party Name:Harrington Confectioners Limited & Ors, Cork City Council
Judge:Gilligan J.
 
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2005 IEHC 227THE HIGH COURT[2005 No. 80P]BETWEENHARRINGTON CONFECTIONERS LIMITED, WATERS MUNSTER GLASS LIMITED, CHORUS COMMUNICATIONS LIMITED, RIGHT PRICE CARPETS AND FURNITURE CENTRE (CORK) LIMITED TRADING AS RIGHT PRICE, JMT & ASSOCIATES LIMITED, M DRUMMY LIMITED, JOHN FITZGERALD AND PAUDIE O DEAPLAINTIFFSANDCORK CITY COUNCILDEFENDANTJUDGMENT of Mr. Justice Gilligan as delivered on 5th day of July, 2005.The plaintiff in these proceedings all carry on business at Churchfield Commercial Park, John F. Connelly Road, Cork. The defendant Cork City Council originally owned the lands upon which Churchfield Commercial Park is situate and presently own the surrounding lands, John F. Connelly Road, the adjacent footpath, and the strip of land on either side of the footpath. The Commercial Park has been operating since in or about 1971 and the plaintiffs and various other persons purchased sites or units from Cork City Council by way of long leases. John F. Connelly Road is a cul-de-sac which ends in a sports ground.Since in or about 2002 a number of caravans without any legal entitlement have entered onto John F. Connelly Road the adjacent footpath and the strip of land adjacent to the footpath and at times there were in excess of 20 caravans parked adjacent to the John F. Connelly Road and immediately adjacent to the various plaintiffs business premises. The persons involved were members of the travelling community and over the passage of time they have brought caravans trailers motor vehicles animals equipment and other matter onto the defendants lands and at times there can be upwards of 80 men women and children together with an assortment of animals. There are no sanitary facilities and the general area is used by these persons for public toilet facilities. The persons involved deal extensively in scrap metal and white goods with the added complication that they appear to remove certain parts from disused white goods for the purpose of sale leaving the remainder of the white good articles at the side of the road and in particular on the verge to the immediate north of the entrance to the recycling enterprise on John F. Connelly Road.It is submitted on the plaintiffs behalf that the nuisance in this instance was ongoing for two and a half years prior to the institution of these proceedings and that while it is accepted that the defendant has taken some steps to ameliorate the situation the plaintiffs maintain that the nuisance continues unabated and as of 27th...

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