A COUPLE have lost their High Court action for damages for nuisance allegedly caused by rock-breaking work on a cliff-face in Dalkey, Co Dublin. They claimed the rock-breaking had weakened the structure of a house owned by them.
Patrick McCoy and his wife, Terri, Dundela Park, Sandycove, Co Dublin, had brought an action alleging nuisance and seeking the restoration of the natural cliff face at Ardbrugh Road, Dalkey, where the McCoys own an adjoining property, Redan House.
The couple's action was against architects Michael McGill and Timothy Roe who obtained planning permission to carry out development work at 5 Ardbrugh Villas, which also adjoins Redan House.
This included permission to remove part of the cliff face at 5 Ardbrugh Villas.
The McCoys claimed the defendants had carried out building work in April 2007 which involved removing rock from the natural cliff face. This had a weakening effect on the remaining cliff face and upon the structure of Redan House itself, they claimed.
The McCoys had sought a High Court declaration that they owned the land upon which the rock-breaking took place by virtue of title or by adverse possession (squatter's rights) since 1952.
Dismissing the McCoys' claim yesterday, Mr Justice John Hedigan said the key issue was whether the 1910 deed of assignment, in which an area of seven feet from the boundary of 5 Ardbrugh Villas to a wall pier on a map of the property, was the same as that inspected in 2007 by an architect who gave evidence during the hearing.
The judge said it was "highly probable" the pier was the same as that identified in the 1910 deed, particularly as it was made of pre-first World War materials. It was also "strongly probable" the 1910 map reflected the extent of the boundary of property, he found.
Although fears had been expressed about damage to Redan House, no evidence supporting a claim was produced to the court, he added. He dismissed the McCoys' claim and said he would deal with the issue of costs at a later date.