Kennys say disputed land kept as 'reserve'

RTÉ BROADCASTER Pat Kenny and his wife Kathy claim they maintained part of disputed lands on Gorse Hill in Dalkey as a "nature reserve" for foxes and badgers and have a claim over it since 1991 which prevents any development of the lands, the High Court heard.

Mr Kenny also claims his neighbour Gerard Charlton physically assaulted him by slamming the garden gate of Gorse Hill on his arm during an alleged incident in July 2006.

The Kennys also claim that, on January 3rd, 2007, while they were away on holidays, Mr Charlton and his son-in-law Corry McMahon had rushed through vehicular gates leading to the Gorse Hill property as they were being opened by a female caretaker for the Kennys and then pulled bird boxes and bird feeders.

The caretaker ran into the Kennys' home in fear for her safety and called the Garda but before they arrived, Mr Charlton and Mr McMahon climbed over the gates and went away, it is claimed.

The Kennys contend they have acquired an intermediate leasehold interest in Gorse Hill, meaning the land has no value for development purposes and that was why the Kennys had wanted the dispute between them and their neighbours Gerard and Maeve Charlton over ownership of the lands heard in the Circuit Court, counsel for the couple Brian O'Moore SC said.

Eoghan Fitzsimons SC, for the Charltons, remarked that the Kennys were also seeking "unlimited damages" for alleged breaches of rights.

In the Kennys' defence and counterclaim to the claims by the Charltons of ownership to Gorse Hill, read to the court yesterday, the Kennys claim they have asserted sole and exclusive possession of the lands since 1991 adverse to any alleged interests or title of any other persons.

They claim they have used and continue to use part of Gorse Hill as a nature reserve for foxes, badgers and wild birds, installing bird feeders and a water bath, and cutting back the summer growth annually after the foxes and badgers have cubbed and the birds have finished nesting.

They say they also had all of the trees pruned, replaced wire fencing, installed lighting to provide "decorative illumination at night", planted climbers, ferns, small flowers and stored firewood and bags of compost on it.

They deny the Charltons acquired the alleged or any leasehold interest in the Gorse Hill property, whether in 1971 or otherwise, and deny the Charltons purchased the fee simple interest in the property in 1992.

They also deny the Charltons' children or grandchildren played on the property at any time since the Kennys bought their home, The Anchorage, in 1988.

They also deny Mr Kenny had requested the Charltons to sell Gorse Hill to him or that he sought and obtained the Charltons' consent to a new pedestrian gate allowing access to the Gorse Hill property.

Other claims by the Charltons that the Kennys did not seek their consent for an electronic digicode keypad for the gate, or refused to provide the code, are also denied.

The Kennys claim Mr Charlton and his son-in-law trespassed on the Gorse Hill property on July 27th, 2006. They deny any threatening behaviour towards Mr Charlton or his son-in-law on that occasion and contend Mr Kenny was assaulted by Mr Charlton and that both Mr Charlton and Mr McMahon behaved threateningly and abusively.