The High Court will hear an application today for a judicial review of Roscommon County Council's threat to Mr Michael McDowell's holiday home.
The Minister for Justice will seek leave for a judicial review of the decision not to extend planning permission for the three-storey luxury house overlooking Kilglass Lake near Rooskey.
His legal team will ask a High Court judge to agree he has an arguable case. The application is likely to be made ex parte, that is without any involvement of the county council. If this is successful, the case will go forward for a full hearing later when the reply of the county council will be made.
Counsel for Mr McDowell, Mr Paul Gallagher SC and Mr Michael Collins SC, with barrister Mr David Barniville, will lay out Mr McDowell's case today.
They are likely to argue that Roscommon County Council was not entitled to refuse to extend the planning permission. It 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 that the house did not conform to the original planning permission.
Mr McDowell's lawyers are also expected to argue that one of the purported objections to the house - that the exterior render is different to what was specified - was mistaken.
The other objection is that it is lower than specified, as the slope on which it is built was dug away to make room for the ground floor.