Bohemians to appeal High Court decision

Bohemians Football Club is to appeal to the Supreme Court against a High Court decision concerning its plans for the sale and redevelopment of part of the club's lands at Dalymount Park in Dublin.

Earlier this month, Mr Justice John Edwards found the club holds a section of the Dalymount lands in trust for the owners of the adjoining Phibsboro Shopping Centre, with whom the football club had been in negotiations for redevelopment works over a number of years.

The case centres on whether there was ever an agreement between Bohemians and developer Paschal Conroy's companies, Albion Properties Ltd and Albion Enterprises Ltd, relating to the potential sale of a section of Dalymount adjoining the Phibsboro
Shopping Centre which Albion wanted to redevelop at a cost of €200million.

The judgment has implications for an agreement between Bohemians and another developer, Danninger Ltd, about the proposed sell-off of the stadium and its relocation to a site in Castleknock.

At the High Court today, Mr Justcie Edwards made final orders concerning the transfer of the lands in question and awarded Mr Conroy's companies their costs but put a stay on the orders in light of Bohemians' appeal to the Supreme Court.

In the action, Bohemians claimed any agreement to sell off part of their lands had never moved beyond pre-contractual negotiations and there was no concluded agreement. Albion argued an agreement was concluded in February 2003 and that a number of variations of the agreement were also concluded.

In his judgment, the judge found Albion was entitled to an interest in the land involved because there was "clear evidence of repeated promises, representations and inducements" and that, if Bohs were paid money on account by Albion, Albion would get the land.

The judge found as a fact Conroy was repeatedly told he had "a deal" and that Conroy had devoted much time and resources in an attempt to accommodate the specific needs of Bohemians.