A number of farmers with grazing rights on The Heath commonage in Co Laois have failed to secure a High Court injunction directing the local GAA club to remove a fence erected around six acres used as a juvenile playing pitch. The total area of the commonage is 307 acres.
Mr Justice Murphy, refusing an interlocutory injunction pending a full hearing of the action, said the matter could very well be dealt with on the basis of further negotiation between the sides. He urged them to reach an accommodation.
In an affidavit, Mr Jackie Hyland, Heath Course, Portlaoise, said that for centuries local farmers and landowners had grazed sheep and cattle and exercised horses on The Heath.
The State claimed ownership of The Heath and it was held on behalf of the State by the Minister for Finance and managed on his behalf by the Office of Public Works.
On May 8th he had noticed contractors erecting a fence around an enclosed area in the presence of a representative of the GAA club. Solicitors wrote to the club calling for it to desist from putting up the fencing. He believed it was in breach of the licence granted to the club by the OPW but, more importantly, was in breach of the plaintiffs' rights of common pasture of The Heath.
In another affidavit, Mr Thomas Jones, chairman of the GAA club, said it was becoming increasingly necessary to protect players and club members from the consequences of sheep grazing on the juvenile pitch.
The increase in the numbers of sheep on The Heath in recent times, in addition to the better quality grass pitch, meant there were more sheep droppings on the pitch than before. Members of the club considered the fencing of the pitch was the only reasonable course of action.