The Minister for Justice, Mr McDowell, is claiming damages for "misfeasance in public office" against Roscommon County Council after the council threatened to demolish his new holiday home, it has emerged.
Mr McDowell will begin two High Court actions against the council on Thursday in the wake of its refusal to extend the planning permission for the house, overlooking Kilglass Lake, near Roosky, which is close to completion.
The council's action has angered the Minister, who said he was confident about the outcome of the case.
Mr McDowell said at the weekend that he would have written the "sharpest, most savage letter" to the local council if one of his own constituents was treated in such a "disgraceful" manner.
In addition to the claim for damages, it is understood that he is taking separate judicial review proceedings against the council over its threat to demolish the home.
There was no response from the council yesterday when it was asked about Mr McDowell's decision to take legal action.
The county manager, Mr John Tierney, said last week that Mr McDowell and his wife, Professor Niamh Brennan, would have to apply for permission to retain the house. Such an application could be subject to objections from local people or from bodies such as An Taisce.
Lawyers for Mr McDowell will challenge the council's decision on the basis that it did not have the power to refuse the extension of planning permission, and that the grounds for refusing the extension, that the house was not being built in accordance with specifications, were invalid.
The problems with the planning permission emerged last week, when Sky News Ireland reported that the extension of planning permission had been refused.
The permission was first granted in August 1999, and expired after five years, without the house being completed.
The house is substantially built, by developers Griffner Coillte and Jennings O'Donovan, who applied for the extension of the planning permission for three months to allow its full completion.
Roscommon County Council replied by stating that the developers had, by their own admission, constructed a dwelling which was significantly different from that for which permission was granted. It therefore did not have planning permission, and the extension of the permission did not arise.
According to correspondence between the developers and the planning officials, the house was cut deeper into the slope on which it was built than the original drawings indicated. This meant it was lower than in the plans.
The planners also objected to the finish on the exterior of the walls. However, the developers said that they would be rendered in accordance with the original planning permission.
Mr McDowell told The Irish Times yesterday that he would be represented by Mr Paul Gallagher SC, Mr Michael Collins SC and Mr David Barniville BL in the judicial review proceedings.
He said at the weekend that "nobody should be treated the way I was treated" and was advised that the entire procedure and all of the reasons offered by Roscommon County Council were "invalid".