Council appeals residents' claim to buy homes

A local authority has lodged an appeal to the Supreme Court in a case where four residents won the right to buy their council…

A local authority has lodged an appeal to the Supreme Court in a case where four residents won the right to buy their council-owned homes at 1996 prices.

Dún Laoghaire-Rathdown County Council said it has appealed a decision of the High Court in the cases of John Dunleavy, Clara McDonald and Thomas McDonald, Hermangild (Hermie) Wallace and Kathleen Wallace, and Gary Sinnott.

The four families won a High Court case last November giving them the right to buy their council-owned homes at Pearse Close, Sallynoggin. The council was ordered to sell the properties at a price that reflected their value in July 1996.

The High Court also held that the plaintiffs were entitled to have the amount of rent that they paid to the council since July 1996 to the date of completion of the sales offset against the price to be paid for the maisonettes.

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It was argued by the council that it had made no legal representation or offer to sell the maisonettes prior to 1999, when a "qualified offer" was made and rejected by the four plaintiffs. At that time flats (including maisonettes) were not included in the council's tenant purchase scheme.

In a statement, the council said it considered there were "important legal issues to be resolved".

The four Co Dublin men declared they were "over the moon" when they won their High Court action on November 2nd last.

An expert valuer indicated in court that with discounts and other grants the purchase price of each of the four homes could be around €30,000.