A Fianna Fail councillor from Co Cork was refused leave in the High Court yesterday to challenge a decision by the chairman of Fermoy Urban District Council.
The chairman's decision was to reject a motion on a refuse collection service for the area.
The councillor, Mr John Hussey, a solicitor of O'Rahilly Row, Fermoy, Co Cork, claimed he submitted the motion "that this council will not privatise its refuse collection service" to the January meeting of the council.
Mr Hussey said there was no provision in the rules for a chairman to refuse a motion for discussion in this manner and he had exceeded his powers.
Refusing leave for a judicial review Mr Justice Barron said it was neither an important nor an immediate issue. There was a rule that a motion in the negative could not be commended and it was quite a simple application to put a motion in a positive way.
