A High Court challenge has been brought to the proposed sale of Limerick port and harbour which sale has been limited to developers only.
The court was told that the proposed sale of some 16.5 hectares (40.6 acres) of lands and key waterfront sites (including 11.2 acres of water) at Atlas Avenue and the Clock Tower would effectively destroy Limerick port and harbour, used by vessels and traders "since time immemorial", as a working and thriving port and harbour.
The challenge to the proposed sale by Shannon Foynes Port Company has been brought by Hegarty Metal Holdings Ltd, the parent of a number of companies which carry on a metal recycling and export business from premises in Limerick city and county. The metal is stockpiled within specified areas of the port and harbour.
HMH, which employs 130 people, claims it has spent €14 million in the past 12 months restructuring its business on the basis it would have the port and harbour as its export facility. That loss would mean relocating its business to Foynes and consequential losses, it claims.
Because of the public law nature of the central issues and the possible subsequent involvement of the Attorney General, Mr Justice Peter Kelly yesterday ruled that the case was not appropriate for the High Court commercial list. The action is now expected to proceed in the High Court's chancery list.
James O'Redilly SC, for HMH, said the company had traded out of Limerick port for several years. Suddenly, however, the port was no longer to be there because of the decision to sell it.
Because the purchase was being limited to developers, the port company was taking away public access to the marine highway of this part of the Shannon which had been used for centuries, Mr O'Redilly said. Shannon Foynes Port Company had decided it was "a property development company" and it was going to sell the port on the open market to "developers" for "redevelopment" purposes only. On May 3rd, the port company had invited developers to submit proposals for redevelopment of key waterfront sites. It also invited expressions of interest from developers for the entire area of Limerick port.
HMH contends the proposed sale is in excess of the powers of the port company under the Constitution and Harbours Acts. It claims the port and harbour are public property belonging to the State and have been dedicated to public use by charter and by statute.