A former owner of Clonman non retirement village in Co Wicklow told the High Court yesterday she and her family left Clonmannon House because she felt intimidated, harassed and frightened.
Ms Jane McGrath, a legal executive, and her husband, Mr Roderick McGrath, a travel agent, bought the village for £270,000 in 1996. The court was told the village was built about 1989-1990 and has a long history of litigation and disputes involving previous owners and the residents. The McGraths, who are being sued along with their company, Mac Enterprises, sold the business last year.
Yesterday was the second day of proceedings taken against the couple and Mac Enterprises by five residents - Ms Martha Honiball, Ms Ann Kelly, Ms Mary Illingworth, Mr Liam S.Furlong and Ms Aileen Dempsey.
The action, before Mr Justice Kearns, concerns claims that the McGraths were not entitled to introduce variations in the original "care agreement" signed by the residents and that the residents were wrongly restricted to the ground floor of Clonmannon House. There are 46 bungalows on the site but only 14 are now occupied.
Ms McGrath told Mr Frank Callanan SC, for the residents, she and her husband were the only people to submit a proper tender for the village. Originally they tendered £325,000 and a week later, following a conversation with the auctioneer, raised it to £340,000. Ultimately they paid £270,000.
She did not agree that the old care contracts signed by the residents had provided for comprehensive medical care. The contract said an infirmary would provide for minor medical complaints.
Ms McGrath said everything she and her husband had done was to benefit the residents. They knew that by benefiting the residents they would be able to benefit themselves. Due to litigation and continuous media criticisms, she and her husband came to the conclusion they could no longer continue the venture.
She said they could not move into the house because of continuing litigation. She had small children and could not afford an element of uncertainty in their lives. They had been intimidated, harassed and she had been frightened for the safety of her children.
In evidence, Ms Honiball said she and her late husband felt they would get security and care at Clonmannon. She had believed that any variations in the care agreement would be small but that the contract could not take away the house from the residents.
The hearing continues on Tuesday.