An action challenging the continued use of a council dump near Ennis, Co Clare, which ran for 14 days earlier this year, yesterday had to start all over again before a new High Court judge.
The case was at hearing before the late Mr Justice Peter Shanley but he died during the summer vacation while attending a conference in Portugal.
Yesterday, the matter was the first case to come before a new High Court judge, Mr Justice Nicholas Kearns, who was appointed last week.
The proceedings involve 14 residents who claim they are surrounded by a council dump at Doora, Ennis, which is growing larger and higher and creating an unhealthy and dangerous environment.
The residents want damages and are also seeking orders restraining Clare County Council from using the land as a dump and directing the council to rehabilitate the area or, alternatively, to stop extending the dump in an easterly direction.
The earlier hearing was told that rats, flies, noise and obnoxious odours were among the problems faced by residents who feared disease.
The late Mr Justice Shanley adjourned the hearing during the summer until the current law term at a time when he was dealing with an application by the inspectors appointed to investigate the affairs of National Irish Bank.
However, he died suddenly while attending a conference in Portugal shortly before the current law term was to begin.
Yesterday, Mr Justice Kearns said he had read the papers in the case and was willing to read the transcript of the 14 days of evidence and submissions made to Mr Justice Shanley. He also offered to visit the site.
Mr John Rogers SC, for the residents, said he did not think that by reading the previous evidence the judge would get a grasp of the evidence in its generality. Each resident had a different story to tell.
Counsel said a visit by the judge to the site might be an advantage if counsel for each side were also present.
Mr Patrick Quinn, for the council, said it would prefer if the judge were to visit the site sooner rather than later. Mr Justice Kearns said that in the light of what had been said he would hold over the timing of a visit and would wait and see.
The earlier court hearing had been told that originally 272 acres of land were abandoned to form a "flood plain" and minimise flooding problems caused by the tidal Fergus river. In 1957 Ennis Urban District Council sought permission to use the flood plain for dumping domestic refuse.
The county council wants to extend the dump and claims it cannot get a suitable alternative site. The council denies the use of the lands for dumping is unlawful and also denies the dump is a nuisance or that there has been loss or annoyance to residents.