Appeal against Lissadell right of way set for early next year

Tue, Jul 17, 2012, 01:00

The appeal by the owners of the Lissadell estate in Co Sligo against the rejection of their claim that no public rights of way exist across certain routes in the estate may be heard at the Supreme Court early next year.

Mr Justice John MacMenamin indicated yesterday he was aiming for a hearing in January 2013. The appeal could take up to 10 days, he was told.

The appeal has been taken by barristers Constance Cassidy and Edward Walsh against the High Court judgment of Mr Justice Bryan McMahon in December 2010, which dismissed their proceedings brought against Sligo County Council concerning rights of way.

They are also appealing an award of costs of about €6 million against them of the High Court proceedings, which ran for 58 days.

Ms Cassidy and Mr Walsh bought the estate in 2003 for €4 million and spent €9.5 million restoring it. The council passed a resolution in December 2008 to amend the county development plan to include a provision for the “preservation of the public rights of way” along certain routes at Lissadell.