The High Court has rejected an application by O2 Communications (Ireland) Ltd for an injunction to prevent interference with access to a site near Tralee where the company plans to erect a mobile phone mast. The company had sought the injunction against a number of individuals following protests at the site at Dromavalley, Tralee, in recent weeks.
In refusing the injunction, Mr Justice Kelly directed that there should be an early trial of the full action. He set dates for the exchange of documents between the sides and said he would list the case for January 13th with a view to fixing a date for the trial. He reserved costs.
Mr Justice Kelly said it seemed the balance of convenience was in favour of maintaining the status quo which to date had involved using a right of way for non-commercial purposes.
The company has planning permission for the development at the site, in which it has acquired an interest.