A couple have settled their legal action against Laois County Council over flood damage to their home.
Chris Mahon and his wife, Sheila, brought High Court proceedings over flood damage to their home at Clonaheen, Mountmellick, Co Laois, on two occasions – in August 2008 and November 2014.
They claimed the council was negligent in how it allowed works to be carried out on a culvert, located underneath the road beside their home. They claimed the works resulted in the flooding of their property.
The council denied the claims, pleaded the flooding was due to intense rainfall and not the culvert, and also pleaded works done to the couple’s property contributed to the flooding.
Struck out
Following talks, John Hayden, for the couple, told Mr Justice Paul McDermott the proceedings had been compromised and could be struck out.
It had been agreed the council will carry out flood relief works in the area near the Mahons’ home within 12 weeks, counsel said. No other details of the settlement were given.
Michael Counihan SC, for the council, said alleviation works will be done by the council on a “voluntary” basis.
Mr Justice McDermott welcomed the settlement and particularly that steps are to be taken to prevent another flood at the Mahon’s home. He had described Mr Mahon’s account of the floods as “an appalling story”.
In his evidence to the court on Tuesday, Mr Mahon said he was left “destroyed” after the family’s home and property was devastated by the two floods. The couple claimed the flooding was caused after a new culvert was laid by the council in 2007 and they never had any problems with flooding before that.