The action, brought by Colm Moore, a nominee of the 1916 Relatives Association against the Minister for Arts, Heritage, and the Gaeltacht, opens at the High Court on February 16.
When dealing with preliminary matters yesterday, Mr Justice Max Barrett was told there is a dispute between the sides concerning whether certain buildings have any links to the Rising.
Michael McDowell SC, for the State, said they would contend some the buildings date from after the Rising and have “no significance whatsoever”, while others were in ruins after the Rising.
Conleth Bradley SC, for Mr Moore, said those claims are disputed. When Mr McDowell said it may be necessary to inspect the site, Mr Justice Barrett said he would be happy to do so.
Mr McDowell also told the judge the State is concerned that it may be subject to financial penalties under a building contract if certain works on the Moore St site are delayed.
Lawyers for the minister previously said the matters in the case relate to the establishment of a commemorative centre for the 1916 Rising and have a certain urgency given the Rising centenary commemorations.
An undertaking by the State that none of the buildings at issue will be demolished continues pending the hearing. Earlier yesterday, the judge heard the minister has agreed that a number of persons who had sworn affidavits on its behalf would be made available for cross-examination at the hearing should the judge decide their cross examination was necessary.
Mr Moore, Sandyford Rd, Dundrum, has brought judicial review proceedings against the minister alleging that buildings on Moore St and Moore Lane are national monuments which must be preserved.
The case arises after a terrace at numbers 14, 15, 16, and 17, Moore St, believed to be the last buildings where leaders of the Rising gathered prior to their surrender and subsequent execution, were designated national monuments.
The judicial review will be heard alongside separate proceedings brought by Mr Moore under the Planning Acts.