The state yesterday succeeded in overturning a High Court order granting leave to a local woman to challenge the construction of a cement manufacturing plant at Kinnegad, Co Westmeath.
In the High Court, Mr Justice Kelly found the provisions of the Planning Acts were not complied with by Ms Marie Goonery, of Killaskillen, Kinnegad, when she successfully applied to another High Court judge, Mr Justice Budd, on May 11th for leave to take the challenge.
Ms Goonery claims the plant will be opposite her home and that its operation will seriously affect the quality of her life. Lagan Cement Ltd, with addresses at Clarendon Dock, Belfast, and Rosemount Business Park, Ballycoolin Road, Dublin, is proposing to operate the plant.
On Tuesday, Mr James Connolly SC, for the State, applied for an order setting aside the leave granted to Ms Goonery to seek orders challenging the development.
Mr Connolly argued that under the planning legislation the parties should have been notified of the hearing before Mr Justice Budd. An Bord Pleanala supported the State's application on the grounds that Ms Goonery's proceedings were frivolous and vexatious. Lagan Cement also supported the application.
Mr Rory Brady SC, for Lagan, said Ms Goonery had sought funds from competitors of Lagan and obtained £30,000 from the Quinn group. He said the proceedings were wrong from their inception, but Ms Goonery had benefited through freezing the planning process. Mr Michael Collins SC, for Ms Goonery, said she was no stalking horse for the Quinn group. The judge awarded costs to the State and Lagan against Ms Goonery. He made no order for costs in relation to An Bord Pleanala and the Environmental Protection Agency. He adjourned the issue of costs of Meath County Council to Monday.