Work on the Carrickmines section of Dublin's M50 motorway was ordered stopped today pending a full High Court hearing into its constitutionality next week.
Dún Laoghaire-Rathdown County Council agreed this afternoon to halt all construction on the South Eastern Motorway around the ruins of Carrickmines Castle until an injunction hearing starts next Thursday.
Lawyers for Dublin conservationist Mr Dominic Dunne claim that emergency legislation that allowed the work to resume this week is unconstitutional.
The National Monuments Amendment Act 2004 permitted Minister for the Environment, Mr Cullen, to make an order for the partial destruction and relocation of the ancient fosse stone wall to allow work on the South Eastern motorway to continue.
Counsel for Mr Dunne, Mr Colman Fitzgerald, SC, said that diggers and trucks could have demolished, removed or buried parts of the castle ruins by next week.
But counsel for the local authority, Mr Conleth Bradley, SC, disagreed and said there should be an assumption of constitutionality attached to the legislation allowing the work.
Yesterday Justice Michael Peart ordered lawyers for the County Council to produce detailed affidavits explaining what work it is carrying out on the ruins of Carrickmines Castle. Justice Peart said he didn't want "a race between the diggers and the court".
Lawyers for the council explained to Justice Peart today that 25 metres of the fosse has been removed to date. A further ten metres will be removed and reconstructed at a nearby location. An additional 80 metres will be removed completely, while 100 metres will remain untouched.