Holland v Dublin County Council

JurisdictionIreland
Judgment Date01 January 1979
Date01 January 1979
CourtHigh Court
(H.C.)
Holland
and
Dublin County Council

Landowner - Adjoining land - Main public road adjoining property -Highway authority - Intention to construct dual carriageway - Public road to constitute one branch of carriageway - Central raised strip of ground between carriageways - Gaps in strip - Interference with access to plaintiffs land -Nuisance - Powers of highway authority.

The plaintiff owned a house and garage which adjoined the south side of a main public road leading from north-east to south-west. The road carried traffic travelling in both directions. The defendant highway authority proposed to create a dual carriageway by building a new road parallel to, and on the north side of, the existing public road; to leave a central raised strip of ground between the two roads; and to provide two gaps in the strip near the defendants' lands. The plaintiff sought to restrain the...

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8 cases
  • Dwyer Nolan Developments Ltd v Dublin County Council
    • Ireland
    • High Court
    • 21 Abril 1986
    ...UNREP SUPREME 28.07.84 1983/7/1929 F LUCAS & SONS LTD V DORKING & HORLEY RURAL DISTRICT COUNCIL 62 LGR 111 HOLLAND V DUBLIN CO COUNCIL 1979 113 ILTR 1 HORNE V FREENEY UNREP MURPHY 07.07.82 1982/11/2157 PILKINGTON V SECRETARY OF STATE FOR THE ENVIRONMENT & ORS 1973 WLR 1527 READYMIX EIRE LT......
  • Thomas Condron v Galway Holding Company Ltd and Danmar Construction Ltd and Stephen Treacy and Maureen Treacy
    • Ireland
    • Court of Appeal (Ireland)
    • 30 Julio 2021
    ...user as set forth by Fitzgibbon L.J. in Perry was followed in subsequent authorities including Holland v. Dublin County Council (1979) 113 I.L.T.R. 1 at p. 91 . At issue in A-G (Cork County Council) v. Perry was the extent of a right of way along a roadway built along the seashore at Kinsal......
  • Thomas Condron v Galway Holding Company Ltd and Danmar Construction Ltd and Stephen Treacy and Maureen Treacy
    • Ireland
    • Court of Appeal (Ireland)
    • 2 Marzo 2022
    ...of “taking-in-charge” as if it is an accepted part of Irish law. 28 . The respondent argued that Holland v. Dublin City Council [1979] 113 I.L.T.R. 1 and Attorney General (Cork County Council) v. Perry [1904] 1 I.R. 247 appear to be the only Irish authorities regarding this facet of Irish l......
  • Kildare County Council v Morrin
    • Ireland
    • High Court
    • 31 Julio 2019
    ...by the road authority may also provide evidence of the dedication and acceptance of the area. 16 In Holland v. Dublin County Council (1979) 113 ILTR 1, Kenny J. considered the statutory history of the use of the term ‘public road’ and ‘highway’ and noted that in the statutes of the British......
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