A dispute over ownership of part of the roadside on the N1, the main Dublin-Belfast road, near Swords, has obstructed essential roadworks to create an extra traffic lane and contributed to traffic delays on a route carrying 48,000 vehicles daily, the High Court was told yesterday.
Mr Justice Kearns said the situation was of the "utmost gravity" with potential danger to the public and gross inconvenience to commuters. It was intolerable that it be prolonged an hour longer than necessary.
He directed that solicitors for Fingal County Council and for Mr Francis McGuinness, who has a vehicle dismantling business near the Pinnock Hill roundabout, Nevinstown, get together and decide within a week the issue of title to the property.
Ms Karen Ruddy, for Mr McGuinness, gave an undertaking that he would not obstruct work this week on an agreed section of the roadside between the Cloghran and Pinnock Hill roundabouts.
The matter was before the court through an application by Mr Damien Keaney, for the council, to restrain Mr McGuinness from interfering with works being carried out on the roadside.
The council is proposing to provide an additional traffic lane, which in 2003 will be made into a Quality Bus Corridor, between the Santry Avenue and Swords section of the N1, which includes part of the road which runs in front of Mr McGuinness's premises. It is also planning a pedestrian footway inside the hard shoulder.
Mr Keaney said the council wished to upgrade the hard shoulder and put a footpath down. On four occasions when SIAC workers had attempted to do this, Mr McGuinness had obstructed their attempts using trucks, tyres and debris.
Counsel said some 48,000 vehicles used the road daily and the outbound lane was reduced to one lane at Mr McGuinness's premises. There were three accidents there last week. It was imperative the council did the urgent repair works. Mr Keaney said Mr McGuinness claimed to own part of the roadside to the hard shoulder and there had been previous legal proceedings in which he had undertaken not to obstruct the hard shoulder.