The wife of former EU commissioner Mr Ray MacSharry told the High Court yesterday she regarded as "quite offensive" any suggestion that she might have decided to misrepresent the zoning position of 25 acres of land. The lands were advertised for auction four years ago as "zoned residential".
Ms Elaine MacSharry, "Alcantara", Pearse Road, Sligo, and her brother, Mr Gerard M. Neilan, a solicitor of "Dunferne", Abbey Street, Roscommon, have brought an action against two property developers.
The defendants are Mr Michael McSharry (no relation) of Castlerea, Co Roscommon, and Mr Francis O'Hagan, Park Road, Manorhamilton, Co Leitrim. It is alleged they reneged on a contract to buy the land on the outskirts of Roscommon town for £2.75 million.
Ms MacSharry and Mr Neilan are seeking an order that the developers comply with the terms of a contract made on October 23rd, 2000. They claim that, in their capacity as executors of the estate of their late father, Mr John F. Neilan, who died on October 22nd, 1999, they had agreed to sell, and Mr McSharry and Mr O'Hagan had agreed to buy land, which had belonged to the late Mr Neilan.
Mr McSharry and Mr O'Hagan deny they refused to complete the sale. They claim they validly rescinded the contract because it had been warranted that the land was zoned residential when it was not. They claim they are entitled to compensation.
Mr Paul Gallagher SC, for Ms MacSharry and Mr Neilan, said the auctioneer, Mr Pat Hughes, would give evidence that Mr McSharry wanted to make the deal subject to planning permission and was explicitly told it would not be so.
The property was withdrawn from auction on June 16th, 2000. Two or three weeks later Mr McSharry offered £2.75 million. Ms MacSharry and her brother had reluctantly agreed to the January 5th closure.
The developers got full planning permission for 201 houses but events took an unfortunate sour turn. The closure did not take place on January 5th.
Ms MacSharry and Mr Neilan's solicitor learned on February 2nd, 2001, that the closure was not taking place, that it was alleged by the two developers the lands were not zoned residential and that there was some problem about getting finance because a bank wanted some sort of certification in relation to the lands. Asked did she at any stage decide to misrepresent the zoning position, Ms McSharry said: "Never. I find it quite offensive that the other side would suggest that might be so."
The hearing continues.