The State (McGeough) v Louth C.C.
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1973 |
| Date | 01 January 1973 |
Alienation - Consent of county manager required - Policy against consenting to sales - Statutory provisions disregarded - Natural justice - Mandamus -Labourers Act, 1936 (No. 24), s. 17. sub-s. 2.
The prosecutrix held a labourer's cottage in fee simple. She wished to sell her interest. She applied to Louth County Council for leave to sell as there was a statutory prohibition against alienation or sale without the consent of the localauthority. Permission to sell was refused and no reason was given. A conditional order of mandamus directed Louth County Council to consider and determine the application on its merits. Cause was shown by an affidvait of the county manager, and he also gave oral evidence on oath. The cause shown was disallowed and the conditional order was made absolute. On appeal by the respondents it was Held by the Supreme Court, in...
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