Two mining companies are not entitled to any damages as a result of the imposition of an illegal ban on mining in Co Mayo, lawyers for Mayo County Council argued before the Supreme Court yesterday.
Dr Michael Forde SC, for the council, urged the court not to find his client was negligent in imposing the mining ban, which was later overturned by the High Court.
If Glencar Exploration plc and Andaman Resources plc were entitled to damages, and he contended they were not, they would have to show that they were involved in a viable mining project, he added.
Dr Forde was opposing an appeal by the two companies against the High Court's dismissal of their claim for £2 million in damages arising from the mining ban, which was inserted in the Mayo County Development Plan and approved by the council in 1992.
It was found to be illegal by the High Court in December 1992 and overturned.
The companies contend that the relationship between them and the council is of sufficient proximity to create a duty of care.