Builder and property developer Seán Dunne, his daughter Elaine, and son Steven, and a development company, have been restrained by the High Court from turning eight apartments in a private development into a "residence hall" for UCD students.
James Dwyer, SC, counsel for Merrion Grove Management Company Ltd, told Mr Justice Paul Gilligan the properties were part of a nine-block development of 124 duplex apartments and houses at Merrion Grove, Stillorgan, Co Dublin.
He said the court had already granted an interim injunction restraining the defendants from continuing with alterations to the apartments and had adjourned the matter to facilitate the holding of a residents' meeting to vote on whether or not they agreed with the changes to student accommodation. Mr Dwyer said the residents had voted 69 to two against any such change.
The court heard that the company, Mountbrook Developments Ltd, had its registered office at 67 Merrion Square, Dublin, and the Dunnes had an address at the Stewards House, St Helen's Wood, Booterstown, Co Dublin.
Cathryn Bradshaw, of Merrion Grove and company secretary of Merrion Grove Management Company Ltd, told the court that under lease the Dunnes undertook not to make any alterations in, or additions to, the apartments without written approval of the management company.
The agreement stated that such approval would not be unreasonably withheld or delayed in the event of all planning permissions, building regulations, approvals, licences, consents and regulations having been met. The Dunnes had undertaken not to use the apartments for any purpose other than as a single private residence.
Ms Bradshaw stated that by letter of June 13th last the management company had been advised by Mountbrook Homes Ltd that it intended to begin internal alterations to each apartment to provide accommodation for students under section 50 of the Taxes Consolidation Act, 1997.Undertakings to desist from such work had been declined and inspections refused.
The judge continued the interim injunction until the hearing of the full trial in October but granted the defendants permission to carry out works to restore the apartments to their original state.