A Co Kerry man who failed yesterday in a legal protest against the building of a roundabout over medieval remains on the M50 extension at Carrickmines Castle, Co Dublin, now faces a legal bill of up to €100,000.
After throwing out all of Mr Michael Mulcreevy's objections to the development in a judicial review application before the High Court, Mr Justice Paul Gilligan awarded costs against him in favour of the Minister for Environment, Heritage and Local Government and the Dún Laoghaire/Rathdown County Council.
The court had been told by Mr Dermot Flanagan SC, counsel for Dún Laoghaire-Rathdown County Council, that works on completion of the roundabout had been in progress since the lifting by the High Court in December of an interlocutory injunction which had prevented any development excavations at the controversial site.
Judge Gilligan said the scheme involved was very substantial and played a significant role in the country's infrastructural development.
The principal thrust of Mr Mulcreevy's application had been to strike down the Minister's consent to the development and to challenge the validity of an excavation licence he granted.
The judge held Mr Mulcreevy had not acted promptly since the making of orders on July 3rd, 2003 and, since he had only brought his application to court on Christmas Eve, must fail by reason of delay.
With regard to Mr Mulcreevy's challenge relating to an excavation licence issued by the Minister on December 16th last, Judge Gilligan found it to have been an extension of a licence already properly granted, and refused a declaration that it was invalid.