A company under investigation by the Flood tribunal over the rezoning of its lands at Carrickmines, Dublin, is to "vigorously" oppose an application to defer an arbitration hearing of the company's ¤116 million compensation claim for those lands, the High Court was told yesterday.
Jackson Way Properties Ltd (JWPL) has brought the claim for compensation against Dún Laoghaire-Rathdown County Council. Some of its Carrickmines lands will be biseceted by the new South Eastern motorway. The claim hearing by the arbitrator, Mr John R. Shackleton, was to have started yesterday and was expected to continue for some two weeks.
However, last Friday the council secured a temporary High Court injunction preventing the arbitrator from proceeding. Yesterday Ms Justice Carroll continued that order for a week.
Earlier, Mr Hugh O'Neill SC, for JWLP, argued the council's adjournment application was without merit. What was being said was that there was a possibility that the Flood tribunal may decide there was some irregularity in how the lands were rezoned. JWPL was making the case that but for the motorway scheme the entire lands would have been zoned residential, increasing the company's claim.
There was no basis in law for seeking to have the arbitration hearing adjourned indefinitely until the final report of the tribunal, Mr O'Neill said. He argued the council had taken 22 acres of his client's lands and significant compensation must be payable.
Mr Damian Keaney, for the council, told Ms Justice Carroll he was seeking an adjournment of the legal proceedings to allow time for replying affidavits, and the temporary injunction continued.
The claim was for in excess of €116 million and was one of the largest, if not the largest, to come before the council, Mr Keaney said. If the council was unsuccessful it would have to pay interest in respect of any award.
Mr Robert Haughton, for the arbitrator, said his client wished to remain "neutral" and would abide by any order of the court.
Last Friday a solicitor for the council, Mr Edward Hughes, said under the current 1998 county development plan, the northern JWPL lands were zoned for industrial uses and the southern lands remained for agriculture.
From the council's inquiries and work of the tribunal, it appeared the beneficial owners of JWLP were companies registered outside the State, he said.
