Publican wins injunction to stop neighbour erecting boundary

A JUDGE has granted an emergency injunction to a publican preventing her neighbour carrying out any further work on a boundary that separates the properties.

At Ennis Circuit Court, Judge Tom O’Donnell granted the injunction to Eileen Garland, of the Magpie bar, Main Street, Clarecastle, Co Clare, after hearing that workmen on behalf of neighbour, Christine O’Farrell, demolished the wall separating the two properties.

Pat Whyms, counsel for Ms Garland, said gardaí were called to the scene last Thursday by Ms Garland after she witnessed workmen demolishing the wall.

In the ex-parte application before court where Ms O’Farrell or her legal representatives were not present, Mr Whyms said: “The gardaí did speak to the defendant and the workmen and the work did stop. But the operation resumed on Saturday and the wall has now been completely knocked.

“The apprehension is that if an order isn’t made that the works would continue and a new wall on my client’s property would be constructed.”

“The area bounded by this wall contains a beer garden and a smoking area that serves the premises. They were instructed and installed on foot of planning permission. The current situation where there is no boundary makes that vicinity almost useless.”

Mr Whyms said that documents lodged with court show that in 1997, local solicitor, John Callinan stated that the boundary had been in place for a previous 30 years.

Mr Garland purchased the licensed premises in 2006.

Judge O’Donnell granted the injunction restraining Ms O’Farrell from taking or continuing any further action to remove or alter the boundary between the parties’ respective properties.

The judge has further restrained Ms O’Farrell from carrying on any works whatsoever on the boundary on Ms Garland’s side on the boundary pending further order of the court.

The matter is due back again before Ennis Circuit Court today.