Lissadell action adjourned to December

The legal row over the existence of rights of way through the historic Lissadell Estate in Co Sligo has been adjourned for several weeks.

Today at the High Court Mr Justice Bryan McMahon agreed to application by the owners to adjourn the proceedings as a result of Sligo Co Councils legal team's production of recently discovered documents relating to the estate, believed to date from the early 19th century, that maybe relevant to the case.

Mr Donal O'Donnell SC for the owners, following discussions between the parties, asked the court to adjourn the case to "allow certain inquires to be made" with a view to recommencing the hearing following the production of the documentation.

Ms Nuala Butler SC for the Council said that her clients were prepared to consent to the adjournment.

Agreeing to the adjournment Mr Justice McMahon, who had earlier refused an application by lawyers for the owners to abort the case, said that he was anxious that the action which involves purported public rights of way be heard as soon as possible.

However he did not wish to make a judgment "in ignorance of evidence" that may come into the public domain. He wished to consider the case as "fairly" and as "expeditiously" as possible.

The case will be mentioned before the High Court in December in order to see how matter have progressed. The case had been expected to last for several weeks.

In the proceedings against Sligo Co Council owners Ms Constance Cassidy and Mr Edward Walsh, with addresses at Morristown, Lattin, Naas, Co Kildare and Lissadell, are seeking declarations the routes in question are not subject to any public rights of way.

They are also seeking an order restraining the Council and others wrongfully asserting the routes are subject to a public right of way.

The Council is also facing a claim for damages for alleged slander of title, negligence and intentional and/or unlawful interference with the owners economic interests.

In its defence the Council deny all the claims and, in a counter-claim, is seeking a declaration the four routes are subject to a right of way in favour of the public.

The proceedings were initiated after the Council on December 1, last passed a resolution to amend the Sligo County Development plan to include a provision for the "preservation of the public rights of way" along certain routes at Lissadell.

The Council has claimed no decision to commence the formal process of amending the plan has been made to date. It also says it had assured the owners it had not determined that public rights of way exist over the lands.

However, as a result of the Council's resolution, the owners closed Lissadell House, the former home of the Gore Booth family, to the public last January. The Gore Booth family owned the Lissadell Estate, which originally consisted of some 32,000 acres, for more than 400 years.

In opening the case Mr O'Donnell said the owners would not be able to operate the estate as a tourist amenity if the rights of way existed.

His clients purchased the estate, the former home of Countess Markievicz, for almost €4m in 2003 and have spent some €9.5m in restoring Lissadell.