A High Court dispute over a ministerial order which clears the way for the demolition of Clonlea House, a protected structure, because it is on the proposed route of the Luas light rail line between Sandyford and Cherrywood, has been settled on undisclosed terms.
The proposed Luas route would not only mean the destruction of Clonlea House but would also affect a converted stables in the grounds which is home to an intellectually disabled man, a relative of the couple who own the house, Mr Justice Iarfhlaith O'Neill was told yesterday.
Gerard and Margaret Delaney, owners of Clonlea House, and Mr John Boylan, a brother of Ms Delaney who has an intellectual disability, brought proceedings aimed at revoking an order made by the Minister for Transport on August 14th last year.
The judge was told Clonlea House is located at Murphystown Road, Dublin 18. The grounds include a converted stables which is home to Mr Boylan and another house which is home to Mr Boylan's carer, it was stated.
Shortly after the hearing was opened yesterday by Mr Eamon Galligan SC, for the applicants, the hearing was adjourned to facilitate talks between the sides. At 4pm the judge was told the action was settled and he adjourned it for mention to today.
The judge said he was very pleased the matter had been resolved. No details of the settlement were disclosed.
Earlier, Mr Galligan said the grounds of challenge included a claim that the railway order was being used to overcome Dun Laoghaire Rathdown Council's difficulties relating to the extension of Murphystown Road through a protected structure.
The Minister appeared to have made the order without giving any independent reasons for his conclusions that the order was necessary, counsel submitted.
The Minister, represented by Mr David Barniville SC, had opposed the judicial review challenge and denied the claims.