Athlone businessman Noel O'Gara is to appeal to the Supreme Court after yesterday's High Court decision to grant a permanent injunction preventing him from turning a park in Dartmouth Square in Dublin into a car park.
Speaking outside court following Mr Justice Michael Hanna's ruling, Mr O'Gara said he was "disappointed" by the decision, and confirmed that he has yet to be made an offer by Dublin City Council for the purchase of the land in south Dublin.
Last month he lost an appeal to An Bord Pleanála against the council's decision to use a Compulsory Purchase Order to acquire the park. Mr O'Gara, who has previously estimated the land's value at €175 million, declined to say what would be an acceptable price for the land. He says he bought the park for "a bargain price, under £10,000" from Patrick Darley, whose family had owned it for more than 150 years.
He also claimed yesterday that it was unclear whether he would be allowed to park vans or other vehicles on the land, and said he believed he could in theory turn the square into a "circus, or a gymnasium", or could start parking "wild elephants" on it.
"I will appeal to the Supreme Court, and that order that Judge Hanna made will be thrown out," he said.
Mr O'Gara, who claims he has a constitutional right as a landowner to bring cars on to his land, said his impending Supreme Court challenge would be mounted upon the same basis. He also called for Mr Justice Hanna to step down from the bench.
Asked if he would consider taking his case to the European Court were his action to fail before the Supreme Court, Mr O'Gara appeared not to rule this out.
"We'll cross that bridge when we come to it," he told reporters.
However, local Fianna Fáil activist Chris Andrews said yesterday's decision was a "victory for democracy.
"The council must continue to fight to protect the square, and be ready to continue the fight through to the Supreme Court if the injunction is appealed," he said.