Jackson Way to appeal bar on €116m claim

A property company under investigation by the Flood tribunal is to take its battle for a €116 million land compensation claim to the Supreme Court.

Jackson Way Properties has decided to appeal a decision by the High Court to prevent the company's claim for compensation from Dún Laogh-aire/Rathdown County Council being heard by an arbitrator.

The claim, which relates to the compulsory acquisition of land for the construction of Dublin's South-Eastern motorway, is unlikely to be heard until the tribunal completes its investigations into Jackson Way.

The tribunal is examining allegations that Jackson Way paid money to county councillors in connection with the rezoning of its land at Carrickmines in south Dublin in the early 1990s. The previous owner of the land, Paisley Park Investments, is also alleged to have paid money.

Jackson Way denies the bribery allegations.

Tribunal lawyers have experienced great difficulty in establishing the ownership of the two companies and told an earlier court hearing of their belief that both companies share the same Irish owners.

The council argued in the High Court in January that, if these allegations were proved, Jackson Way's claim and any award made on foot of it would constitute "unjust enrichment" of the company.

The 106-acre parcel of land now owned by Jackson Way was originally sold by two farmers for £540,000 in 1988. Jackson Way's current compensation claim relates solely to 22 acres which were acquired for the motorway. The company's claim includes €24 million for the land, €60 million for "injurious affection" and €7.62 million for "disturbance".