Wall sets up new bar in Achill case

The judge in the Achill rooster case has asked the people of the island to support both neighbours in an effort to resolve the…

The judge in the Achill rooster case has asked the people of the island to support both neighbours in an effort to resolve the feud about a boundary wall and crowing rooster.

The appeal came at the conclusion of another lengthly hearing of the case at Castlebar Circuit Court in Westport, Co Mayo, yesterday, where it emerged that the defendant, Ms Moira Gallagher, is again disputing an item relating to Judge Harvey Kenny's original court order made last July.

The rooster, previously ordered to be removed from the property, was found dead during the last fortnight.

The order, which provided for the construction of a 40 metre-long wall. 4ft 6 in high by Ms Gallagher, has since been adopted by her neighbour, Mr Peter Masterson, who agreed to meet the full expense of erecting the wall in an effort to resolve the dispute.

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However, Ms Gallagher now objects that the construction of the wall would require at least five pillars along its length, which in total will encroach on a further four feet or so of land beyond the judicial boundary line.

Mr Denis Waldron, an engineer, said the wall would be susbstandard without the pillars.

Directing that Ms Gallagher allow the wall to be built, pillars and all, Judge Kenny said: "I am being asked once more to adjudicate on this matter, which it appears is again in dispute by reason of Moira Gallagher's reluctance to allow the support pillars to be built.

"She wants them all on Mr Masterson's side, even though we are talking about a very small area of her land being lost. I direct that the wall be built and the designated pillars be inserted as set out by the engineer and that it start tomorrow and that it be completed within the week.

"I also address the people of Achill and ask them to bear with this problem and not to take sides in this very unpleasant row". These people need support and I would like to think the people of Achill would lend support to both parties.

Judge Kenny adjourned the hearing until next week for a progress report on the wall.