A High Court judge has adjourned the ESB's application for an order restraining interference by a number of local people with the construction of overhead power cables linked to a wind-farm development in Co Cork.
The judge found that the residents had made persuasive arguments that the cables breached the planning permission granted for them.
Mr Justice Frank Clarke said yesterday he would not grant an injunction to the ESB restraining local residents from interfering with construction of the 38kv line on their lands at Dromourneen, Bantry.
The judge said he would adjourn the matter to allow the residents time to consider whether to bring legal proceedings on the issue of whether the development conformed with the planning permission for that line.
In the case of two residents, Mary Keane and John Keane, the judge refused the ESB application for an injunction against them on the basis that Ms Keane was in hospital and there was insufficient evidence to establish an arguable case that they had been engaged in wrongful activity.
Tim O'Sullivan, counsel for the Bantry Concern Action Group, had argued at an earlier hearing that the granting of planning permission for a development that was partly underground and partly overground was in breach of the permission granted.
Mr Justice Clarke said yesterday he had been persuaded by the arguments put forward by counsel for the residents as to whether the project development would conform with the planning regulations.
The judge said the appropriate place in which these issues should be speedily resolved was through an application to restrain the development on grounds that it would be in breach of the permission granted.
The judge said he was adjourning the proceedings until Monday to enable counsel for the defendants to take instructions as to whether his clients wished to pursue such a course of action.
It would be his intention not to grant an injunction of the type sought while such proceedings were being pursued, he added.
Counsel for the defendants indicated that he would present his response to the judge on Monday.
The Bantry Concern Action Group had stated that it objected to the overhead lines on safety grounds and wanted them put underground.
The ESB put forward the argument that the overhead lines presented no danger to either humans or livestock.