A couple whose home is known as "the half-house on the Hill of Howth" were awarded £161,000 by the High Court yesterday.
Ultan and Fionnuala Todd came home one day to find their semi-detached house, Quinton, Grey's Lane, Howth, had effectively become detached. The court heard the neighbouring house had been bulldozed away, leaving a "battleground" next door.
The neighbouring house, Wood view, had been demolished without appropriate planning permission. The demolition had structurally and aesthetically damaged the Todds' home, leaving extensive cracks and dampness.
The value of the property was substantially decreased.
In his reserved judgment yesterday on a case taken by the Todds, Mr Justice Peter Kelly said that apart from the shock of the initial demolition, the Todds had had to endure "a good deal of misery, upset, embarrassment and poor living conditions."
Mr Todd, a company director, and Mrs Todd, a teacher, sued the owners of Woodview, Bruno and Concetta Cinelli, who now live at Kilbarrack Road, Sutton, as well as Newtown Developments Ltd of Templeogue and Breffni Plant Hire of Santry, their contractors, Mr Rafaele Cavallo, Bettyglen, and Mr Paul McMahon, Daleview Road, Swords, their architect and engineer respectively.
The judge had been told that, following discussions between the parties when the case first came before him last month, the defendants had settled matters between themselves. The action proceeded as an assessment of damages.
Mr Justice Kelly will hear submissions on Tuesday on whether there should be a stay on any part of the award in the event of an appeal. Mr Todd said he did not wish to comment on the case at this point.
The Todds have three daughters aged 12, 10 and seven.
In his decision, the judge said that before purchasing Quinton, Mr Todd discovered there was planning permission for Wood view in respect of a "first-floor domestic extension and alterations to existing elevation."
Mr Todd went to Mr Cinelli at his place of business to inquire about his intentions concerning Woodview and the planning permission which had been granted.
The Cinellis had never resided in Woodview. Mr Cinelli indicated to Mr Todd that he intended to do the work covered in the planning permission when he had the money.
The Todds bought Quinton in 1992 and had it rewired and decorated. Between 1992 and 1995, Woodview was unoccupied and became run down. There was certain demolition during 1995.
Mr Justice Kelly said: "However, the real mischief which has given rise to this action occurred on November 23rd, 1995. Total demolition was effected to Woodview on that date."
No notice of the defendants' intention to carry out "this hurried demolition" was given to the Todds. The excuse was that the defendants' architect did not have time to do so.
The demolition was discovered in the afternoon when Mrs Todd arrived home after her work. That night they spent the first of many miserable nights, which were directly attributable to the wrongful activity which took place on that day.
Mr Justice Kelly said he was satisfied the Todds' premises were damaged, and to "a not insubstantial degree", by the activities of the defendants. Substantial repairs would have to be effected to their home but had not yet been carried out.
Mr Justice Kelly awarded £117,300 to the Todds jointly. Of this, £65,000 is for diminution in value of their home attributable to the wrongful activities of the defendants and £25,000 is for repairs.
Mrs Todd was awarded a further £34,500 and Mr Todd was awarded £10,000.