A legal action by 29 Athlone residents who alleged their health suffered as a result of emissions and noise from a plastic sheeting factory in the town was settled at the High Court yesterday.
While details of the settlement were not disclosed, it is understood the settlement involves payments of some €25,000 for each of the plaintiffs, who include five children.
Yesterday, on the fifth day of the hearing of the action by the residents against Athlone Extrusions Limited, Brian O'Moore SC, for the residents, said the matter had been settled on confidential terms. There was no admission of liability.
Mr Justice Hanna received the settlement and approved awards. Most of the plaintiffs live at Talbot Avenue, Athlone, close to the factory at Castle Street.
The judge said it was a very difficult and complex case and he was delighted the issues had been settled and congratulated all the parties involved.
Earlier, John Rogers SC told the court articulated trucks entered the factory yard with raw material for silos. Dust was released into the atmosphere and, although it was supposed to be collected by a dust-collecting system, people still found their houses and cars covered in a film of dust.
He alleged that a range of chemical substances were emitted from the factory with lasting adverse effects.
Mr Rogers argued that children were placed at high risk because they had smaller airwaves and lungs with an immature respiratory system.
They played football in the gardens and therefore inhaled more of the smell from the factory which, he said, resembled cats' urine.
Health problems allegedly suffered by the residents included sore throat, reduced concentration and asthma, shortness of breath, headaches, nausea, depression and muscle weakness. One child missed 25 days from school because of headaches, it was claimed.
It was also alleged the noise from the plant was beyond human endurance.
Mr John Gordon SC, for the company, said it was caught in a "Catch 22" situation and was "deeply frustrated" at Westmeath County Council's failure to issue to it an air emissions licence despite having secured planning permission for a thermal oxidiser.
He said an Austrian company had been engaged to build the oxidiser.
Planning permission was sought in March 2003 and the company received notice they would get permission subject to an air emission licence being secured. In June 2004 An Bord Pleanála confirmed the planning permission.
However, the company was unable to construct the oxidiser until they got the air emissions licence.