Member takes out injunction against residents' group

A major dispute among residents in a south Dublin suburb has resulted in one residents' association committee member taking out…

A major dispute among residents in a south Dublin suburb has resulted in one residents' association committee member taking out a High Court injunction against his fellow committee members, The Irish Times has learned.

The action was taken as part of a long-running battle over road closures in Mount Merrion, which has polarised local residents.

Eight years ago Dún Laoghaire Rathdown County Council temporarily closed three roads in Mount Merrion during road works for a traffic-calming scheme. When the scheme was completed the roads were never reopened.

Some residents, particularly those living on the closed roads, felt they should stay closed, while others, feeling they were unfairly burdened with traffic, wanted the council to reopen them.

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The council was lobbied at intervals over the intervening years by people from both sides of the argument, but took no action.

Matters came to a head over the summer when John Carlin, a member of the Mount Merrion Residents Association executive committee, wrote through his solicitor to county manager Owen Keegan threatening him with legal action if he reopened the roads. The 12 members of the committee argued that he had no mandate to write to the county manager and tried to remove him from the committee.

Mr Carlin then sought and was granted an interim injunction by Mr Justice Budd in the High Court preventing his removal and stopping the association from holding meetings without him. He also sought costs against the individuals, estimated at €80,000, and damages. The matter is expected before the High Court again on October 9th.

Caitríona Lawlor, chairwoman of the association and one of those named in the High Court action, said the committee members have acted at all times in the interests of the residents as expressed at meetings and agms.

"They complete all their work as executive committee members on a voluntary basis," she said.

"This altruistic spirit of volunteerism will disappear from our community and others, if threats of legal action follow any disagreement in any voluntary organisation."

When contacted Mr Carlin declined to comment but did furnish documents through his solicitor.

Meanwhile, Dún Laoghaire Rathdown County Council has said that on the basis of a report prepared by an independent traffic consultant, it has decided that the roads will stay closed.

Fiona Gartland

Fiona Gartland

Fiona Gartland is a crime writer and former Irish Times journalist