A Fianna Fail urban district councillor from Fermoy, Co Cork, yesterday asked the High Court to review a decision by the council chairman to refuse to consider a motion on a refuse collection service in the area.
Mr Justice Barron reserved his decision.
Mr John Hussey, a solicitor, of O'Rahilly Row, Fermoy, Co Cork, claimed he submitted the motion "that this council will not privatise its refuse collection service" to the January meeting of the council.
Mr David Langwallner, for Mr Hussey, reading an affidavit by Mr Hussey, claimed the chairman, Mr Ritchie O'Leary, had said he was not considering the motion because "it contained a negative and it is not a motion".
Mr Hussey said there was no provision in the rules for a chairman to refuse a motion for discussion in this manner and that he had exceeded his powers.
He said he had raised the issue again in February. He claimed the chairman refused to answer him. Matters became heated, the meeting was adjourned and when reconvened both he and the chairman exchanged "some heated words".
Mr Hussey said he had always had "fraught relations"' with Mr O'Leary who, he alleged, attempted to stop him being a candidate in the 1994 UDC election. He claimed that Mr O'Leary bad failed to carry his (Mr Hussey's) name on his election leaflets even though he was an official Fianna Fail candidate. He claimed Mr O'Leary was biased towards him and biased on privatisation.
