A farmer is suing Cork County Council in the High Court for damages over an alleged unlawful creation of what he claimed was a halting site next to his lands.
Patrick Mulcahy, from Ballinwillin House, Mitchelstown, sought an injunction last year restraining the council from using three houses beside his farm as a halting site or causing or permitting a "nuisance" on the lands.
The houses had been purchased by the council in 2004 for social housing purposes, and were allocated to Traveller families in August 2005.
Mr Mulcahy said he did not object to Travellers on the properties but was concerned there were nine to 10 caravans on the sites when the houses were supposed to be single-family units.
He said there were problems with dumped rubbish, dogs worrying livestock and noise. He was very concerned the properties were effectively being used as a halting site, for which there was no planning permission.
Mr Mulcahy said he took legal proceedings because he had got "nowhere" in correspondence with the council, who informed him that this was an "emergency" situation which would be resolved "in time".
Mr Mulcahy, who breeds pedigree cattle and deer on his 50-acre farm, sought orders preventing the council from putting any caravans or other vehicles on the lands other than those associated with single-family dwellings. He also sought damages.
The injunction proceedings were struck out after the council gave a number of undertakings to Mr Mulcahy, including that barriers would be erected to prevent caravans and other vehicles from entering the property.
The council was also to take measures to ensure that the area would be kept clean, and that no business was carried out at the site.
The Traveller families affected were joined to the action last November as notice parties but yesterday Marie Baker SC, for eight of the 17 Travellers involved, asked Ms Justice Mary Laffoy to order that her clients should not have to attend the full hearing of the action, including the claim for damages by Mr Mulcahy.
She said there was no claim for damages against the Travellers.
Counsel for Mr Mulcahy and the council did not oppose Ms Baker's application.
Ms Justice Laffoy made an order relieving the Travellers from attending the hearing of the substantive case, and reserved the issue of costs pending the outcome of the action.