The Commissioners of Public Works have told the High Court that while trying to buy the freehold interest of the Garda station in Crusheen, Co Clare, they found that a garda serving there had bought the freehold before them.
On May 10th, 1999, Garda Thomas Waters bought the freehold interest in the property and the validity of this purchase had been challenged by the commissioners. They claimed the purchase by Garda Waters was either on trust for the commissioners or alternatively was in breach of his duties as an employee of the commissioners.
In an affidavit, Ms Teresa Sweeney, who is employed as an architect by the commissioners, said Garda Waters claimed he had sold his purported interest in the property on November 2nd, 2002, to Mr John Galvin, Faunrusk Barefield, Ennis, Co Clare, and that Garda Waters and his wife had issued ejectment proceedings against the commissioners in 2001.
Ms Nuala Butler SC, for the commissioners, told Mr Justice McMenamin that Garda Waters had purported to have sold his interest in the freehold to Mr Galvin, who is carrying out a residential development to the rear of the Garda station site. The commissioners were claiming that Mr Galvin was storing building materials in the station's rear garden.
Ms Sweeney said that as a result of demolition work, the premises were no longer usable as a Garda station. Electricity had been cut off and the facility for use by members of the public (when the station is not staffed) was no longer functioning.
Mr Justice McMenamin granted the commissioners a three-week injunction restraining Mr Galvin and also Thomas and Catherine Waters, with an address at Crusheen Garda station, from carrying out construction work or damaging the station premises.
The injunction also restrains them from refusing access to the premises to the commissioners' agents and restrains Mr Galvin from using the premises to store machinery. Mr Galvin was given a week to remove equipment.