Objectors to the removal of a medieval ditch at Carrickmines Castle are to ask the Supreme Court tomorrow for an early date for their appeal after they failed to secure an injunction in the High Court last week.
Mr Gordon Lucas and Mr Dominic Dunne failed to secure an injunction against the continuation of work at the site by Dún Laoghaire/Rathdown Council, where a section of the M50 motorway is being completed.
The books of appeal were being lodged with the Supreme Court today and lawyers for Mr Lucas and Mr Dunne are due to appear before the Chief Justice tomorrow morning to secure a hearing date.
Work resumed at the site over the weekend, despite a formal complaint to Gardaí that a criminal act could be taking place.
Green Party TD Mr Ciaran Cuffe made the complaint at Cabinteely Garda station that the licence to do so was invalid because the National Museum was not formally consulted.
The complaint followed a visit to the site on Saturday by Mr Eamonn Kelly, the keeper of antiquities at the National Museum, who said he considered the licence to carry out archaeological work was invalid because the museum had not been formally consulted, as was required under law.