Travellers living on the roadside without sanitation have launched a legal challenge against an attempt by Clare Council Council to provide them with serviced accommodation in a new €700,000 emergency halting site.
The council has just completed the site for nine Traveller families living in exposed locations along the north Clare coast.
Last year, the council paid €410,000 for the site and was able to develop it after enacting emergency legislation allowing it to bypass planning legislation.
However, a number of the families have secured a judicial review of the council's move to establish the site, which is to accommodate 17 adults and 37 children.
The council has requested that the nine Traveller families enter tenancy agreements, but so far only one family has signed an agreement.
Last December, Travellers joined forces with local residents to prevent council machinery moving on to the site. However, the residents withdrew their protest after receiving a guarantee that the site would be demolished within four years.
The High Court action is being taken on behalf of Mary Mongans and Michael Mongans and others.
Yesterday, Ms Mongans said: "There is no way that any of us are moving into the site.
"We have received letters from the council asking us to move in, but are not moving from where we are."
The 52-year-old mother of 14 said: "There are a number of reasons why we won't be moving into the site. It is a very dangerous road; the bays are too small and I only want to live with Travellers that are part of my own family."
Ms Mongans added: "We are at Creg beach and this is where we will be staying." She said they want permanent accommodation from the council.
Fine Gael councillor Martin Conway yesterday expressed surprise at the Travellers' decision. "I know that the Travellers did have serious reservations over the site, but the site surely is a step up from living on the side of the road."
The Mongans' solicitor, Sinead Lucey, said yesterday: "The Mongans believe that the use of emergency powers is an inappropriate use of the county manager's emergency powers and is a breach of the Clare county development plan."
"Mary and Michael Mongans were identified in the Traveller accommodation plan 2000-04 as needing accommodation, but now they are being offered only temporary accommodation at the start of the second Traveller accommodation plan, so at the end of the second plan, they will still be without permanent accommodation," Ms Lucey said.
