Kildare County Council claims unauthorised road has ‘resurfaced’

An unauthorised road in Co Kildare which was covered over with topsoil as part of the resolution of a legal case nearly five years ago has "re-surfaced", the High Court has heard.

Kildare County Council has alleged contempt of court orders and is seeking the committal to prison for contempt of a number of people allegedly using the unauthorised road at Feighcullen, Rathangan.

Leo Price, of Boston, Rathangan, who built the road, was jailed for contempt in 2010 over his failure to remove it.

Mr Price, whose solicitor told the court yesterday his client “has no interest” in the road anymore, built the 300m road in 2004 and a number of sites off it were sold to different people.

The council brought High Court proceedings against Mr Price in 2010 when he was jailed for six weeks for contempt but released after a fortnight when the court was told the road had been removed. During those proceedings, the court was told a number of people had paid substantial sums to Mr Price for sites off the road.

A barrister for the council was given permission by the President of the High Court, Mr Justice Nicholas Kearns, to issue proceedings against 14 people, including Mr Price, over the alleged contempt. Some of the 14 were in court.

The barrister said the roadway had “resurfaced” since it was covered over with topsoil in 2010 and a number of unauthorised developments, including mobile structures and caravans, had occurred on land adjoining the road.

Mr Price’s solicitor asked for time to put in a replying affidavit to the council’s application and said his client’s position was that he has no interest in the road.

Mr Justice Kearns said the matter could come back before the court early next month.