A PUBLICAN is seeking orders to stop the developers of the Jervis Street Shopping Centre complex in Dublin city centre from trespassing on or over his building during the building work, the High Court was told yesterday.
Mr John Keating, a director and shareholder of the pub, John M. Keating, on the corner of Mary Street and Jervis Street, is seeking injunctions against the developers, the Jervis Shopping Centre Ltd, Pepper Canister House, Mount Street Crescent, Dublin, and Pierse Contracting Ltd, Birmayne House, Mulhuddart, Co Dublin.
Mr Keating claims the work being carried on by the defendants constituted a serious interference not only with his enjoyment of the premises but also its business. The developers deny the claims and say any delay in the construction work could cost them about £7.9 million.
Mr Keating, in an affidavit, said the effect of the developers' activities had been a downturn in his business and trade.
He said some customers who previously used the pub bad told him they thought it was closed due to the construction. He had been made aware from time to time of complaints from customers concerning noise, dust, dirt and vibration. He appreciated the defendants were engaged in a multi million pound development but their activities were causing irreparable harm to his business.
Mr Brian Leonard SC, for Mr Keating, said they were seeking to restrain the developers from trespassing on and over his client's building between midday and midnight. He said the jib of the crane swung out over his client's property and they wanted this to cease between those hours.
The second order sought was to restrain the defendants from transporting building materials over his client's building at any time. His client feared materials could drop on to the premises.
They were also seeking to restrain the defendants from parking vehicles outside the pub on Mary Street and Jervis Street on either side of the road between midday and midnight.
Mr Rory Brady, for the defendants, said the crane was required for the construction of party walls which could not be constructed without it. His said his clients would not and did not transport goods over the pub.
He said there was no evidence to demonstrate a financial loss by Mr Keating. In an affidavit, Mr Michael O'Reilly, project director of Pierse Contracting, said the scheduled completion date was October 1996. He had estimated a likely delay of 25 weeks if the orders were granted.
Mr Padraig Drayne, company director of Jervis Shopping Centre Ltd, said the rent envisaged from the units in the complex was about £120,000 a week. The total loss over six weeks if there was a delay would be about £2.8 million.
Mr Justice Keane said he would give judgment next Friday.