A COUPLE has sued Kilmacud Crokes, a Dublin GAA club, alleging that redevelopment of the club’s pitches has caused serious and frequent flooding in their back garden.
Nigel and Frances Grennan, Torquay Road, Foxrock, claim the clearing and compacting of pitches at the club’s Leopardstown lands about 10 years ago led to their garden being severely flooded for the first time in 2000, making it unusable and depreciating the value of their home.
They claim the works had changed the topography of the club’s land and have resulted in their garden being subject to continuous waterlogging since.
They also claim water had flowed into vents under the floor of their home, resulting in condensation on their hardwood floor when fires are lit. They also allege they have lost their no-claims bonus on their home insurance policy and are at risk of being unable to insure their house.
They have sued Kilmacud Crokes’ chairman Liam O’Flaherty and secretary Larry Ryan, as representatives of the club. The defence denies any liability for the flooding or that works had led to water flowing into the Grennans’ garden.
The Grennans allege work on the pitches led to the raising of the land level, causing large quantities of water to flow into their garden during heavy rainfall.
Despite the construction in 2004 of a berm, or mound of earth, between the lands and the Grennans’ property, they claim the problem has not been alleviated. The berm was not built in accordance with appropriate specification and has been largely ineffective, they contend.
They are claiming damages for the cost of repairing their property, including repairing the wooded floor in their home. They also want an order either requiring restoration of the club lands to their pre-1998 condition or installation of a drainage system costing an estimated €100,000.
On the second day of the case yesterday, Mr Justice John MacMenamin granted an adjournment for talks between the sides but, when the case resumed, Michael Counihan SC, for the couple, said there were fundamental differences between the engineers on both sides over the matter. This was irrespective of the liability issue which the court had to determine, he said.
The case continues.