Murphy v Corporation of Dublin

Judgment Date01 January 1976
Date01 January 1976
Docket Number[1969 No. 538 P.]
CourtSupreme Court
Corporation of Dublin

Land outside area of acquiring authority - Power of housing authority - Confirmation of compulsory purchase order - Housing Act, 1966 (No. 21), ss. 55, 76, 77, 109.

The plaintiff objected to a compulsory purchase order affecting his lands. The order was made by the defendant corporation as a housing authority and was confirmed by the second defendant pursuant to s. 76 of the Housing Act, 1966. The plaintiff's lands were not situated in the functional area of the defendant corporation. The person holding the public local inquiry prior to such confirmation had heard evidence of the respective plans of the plaintiff and of the defendant corporation relating to the development of the plaintiff's lands. That person ended his report to the second defendant by recommending that the latter should not confirm the compulsory purchase order because the defendant corporation had failed to prove that the acquisition of the plaintiff's lands was essential to, or the most expedient way of, securing the rapid erection of new houses on such lands. The plaintiff's action, in which he claimed a declaration that the compulsory purchase order was invalid, was dismissed in the High Court. On appeal by the plaintiff it was Held by the Supreme Court (FitzGerald C.J., Walsh, Budd, Henchy and Griffin JJ.), in disallowing the appeal, 1, that s. 109 of the Housing Act, 1966. which authorises a housing authority to perform any of its functions under that Act outside its functional area, enables such...

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5 cases
  • Clifford & Peter Sweetman v an Bord Pleanala ; O'Connor v an Bord Pleanala
    • Ireland
    • High Court
    • 15 August 2022
    ...Realties Ltd. v. Ville de St. Michel [1924] AC 185 at 192, The People (A.G.) v. McGlynn [1967] I.R. 232, Murphy v. Dublin Corporation [1976] I.R. 143). 48 The context, language and purpose of the legislation all militate in favour of an interpretation that the new obligation to publish mate......
  • Pine Valley Developments v Minister for the Environment
    • Ireland
    • Supreme Court
    • 1 January 1987
    ...Borough Council) [1984] 1 W.L.R. 592; [1984] 1 All E.R. 956. Siney v. Dublin Corporation [1980] I.R. 400. Murphy v. Dublin Corporation [1976] I.R. 143. Lonhro Ltd. v. Shell Petroleum Co. Ltd. (No. 2) [1982] A.C. 173; [1981] 3 W.L.R. 33; [1981] 2 All E.R. 456. Johnston v. Meldon (1891) 30 L.......
  • Wymes v an Bord Pleanála
    • Ireland
    • High Court
    • 14 November 2003 adjournment of the inquiry conducted by the inspector. Counsel refers, by reference to the decision inMurphy v. Corporation of Dublin [1976] I.R. 143, to the requirement that the Minister for Local Government who formerly exercised the power exercised by the Board was bound to act judici......
  • McNamee v Buncrana Urban District Council
    • Ireland
    • Supreme Court
    • 1 January 1984
    ...v. Feely (Supreme Court: 23rd July, 1980). 2 Moran v. Corporation of Dublin (1974) 109 I.L.T.R.57. 3 Murphy v. Corporation of Dublin [1976] I.R. 143. Local government - Housing - Allocation of houses - Housing authority's scheme of priorities - Categories of qualified applicants - Residence......
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