The High Court has dismissed an action aimed at having a historic courthouse in Tipperary reopened for public use.
Several solicitors based in Tipperary town had, in their action against the Courts Service, argued it had a statutory obligation to maintain and make available for use the courthouse in the town.
The courthouse, at St Michael Street, had housed sittings of the local District and Circuit courts since the early 19th century, but the building was closed in 2010 after it fell into disrepair. Part of the ceiling had collapsed.
Since 2010, District Court sittings have been held at the nearby Excel Heritage Centre, while sittings of the Circuit Court have been held in Clonmel, 40km away.
The High Court was told it was believed in 2010 that the closure would be temporary as the Department of Justice and Office of Public Works had in 2008 agreed to undertake repairs.
Statutory duty In their action, the solicitors claimed the State's alleged failure to provide an adequate courthouse in Tipperary breached the rights of the public, court staff, the judiciary and the legal profession.
The Courts Service denied it failed in its duties in respect of the courthouse. Despite being constrained by cuts to its budget, it had sought funding to repair the courthouse and had provided alternative venues for the hearing of court cases, it said.
In his judgment yesterday, Mr Justice George Birmingham said he had no option but to refuse the declarations sought. He said he accepted the Courts Service had a duty to provide, manage and maintain court services.
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