The High Court has awarded costs to a man relating to his unsuccessful High Court bid last year to prevent certain works on the Carrickmines Castle motorway works in south Dublin.
In awarding Mr Dominic Dunne the costs of his action, Ms Justice Laffoy said he brought the proceedings as a private citizen concerned about the impact of proposed roadworks on the castle site and it could not be gainsaid that the proceedings had the characteristics of a public law challenge.
Mr Dunne had challenged Dun Laoghaire Rathdown Co Co and the Minister for the Environment, Heritage and Local Government in the High Court over the development of the M50 on the south Dublin site.
She said the issues raised in the case were "truly of general public importance" and it was in the public interest that they should be clarified. While she had found against Mr Dunne on all counts, that did not prevent a ruling in his favour on costs.
Of particular significance, was that Mr Dunne had in earlier proceedings secured an order halting works at the castle which were being carried out without a valid consent under the National Monuments Act, Ms Justice Laffoy said.
That finding had led to the making of a joint consent which was later successfully challenged in other court proceedings. The special circumstances of the case warranted a departure from the normal rule that costs should be awarded to the winning side, she continued.
She directed Mr Dunne, a driver, of Collins Square, Benburb Street, Dublin, should receive his costs from the defendants.
Last December, the Supreme Court refused to grant an injunction halting the carrying out of further works on the Carrickmines Castle site. The order was sought pending the full hearing of Mr Dunne's appeal to the Supreme Court against Ms Justice Laffoy's rejection of his case.
In September last, Ms Justice Laffoy, following her rejection of Mr Dunne's case, had lifted a stay on works at Carrickmines. The stay had been in place for some time and developments there in connection with the completion of the M50 motorway have been in progress since.
In his High Court proceedings, Mr Dunne had sought a declaration that sections of the National Monuments (Amendment) Act of 2004 are invalid under the Constitution and an injunction restraining interference with a National Monument at Carrickmines.
Dun Laoghaire Rathdown Co Co and the Minister for Environment, Heritage and Local Government opposed the proceedings. They submitted that what was being done at the site was in accordance with a programme of works made available in September. The remains of the castle are being left entirely undisturbed, it was stated.