The High Court has given the Minister for Justice the go-ahead to seek a judicial review of Roscommon County Council's threat to his holiday home.
Mr McDowell contests the decision not to extend planning permission for the three-storey luxury house overlooking Kilglass Lake near Rooskey.
The High Court today granted Mr McDowell leave to seek the review. The case is due to be heard again in the court next Thursday.
Planning permission was issued in August 1999 and expired last August without the house being completed. The developers sought an extension which was refused on the grounds the house did not conform to the original planning permission.
Mr McDowell briefly attended the High Court offices this morning to sign affidavit documents but did not attend in court where his legal team included his solicitors, two senior counsel and one junior counsel.
Mr Paul Gallagher, SC, sought an ex-parte application for leave to move a judicial review against the decision by Roscommon Co Council on behalf of Mr McDowell and his wife, Ms Niamh Brennan.
He said that the decision of the county council and its County Manager was "factually wrong in substance and under the provisions of Section 42 of the Planning and Development Act, 2000".
Mr Gallagher said separate plenary proceedings looking for other damages were
also being put in train.
He added that the council's refusal of permission had been leaked to Sky News Irelandlast week and was the subject of "extensive media coverage".
He added: "It is reasonable to assume that the source of the information came from Roscommon Co Council."
Mr Gallagher said that Mr McDowell was hoping to have the application heard urgently "as the premises is exposed to the weather and any works to make it
weather-proof are without planning permission".