Dispute over car park in playground prompts High Court action by Galway school

By Ann O'Loughlin

A Galway city primary school has launched High Court proceedings against a local business in a dispute over the operation of a car park on the school's playground.

St Patrick's School at Lombard Street in Galway city centre is seeking an injunction requiring Eoghan O'Neachtain Ltd to deliver up vacant possession of the playground to the school and remove any of the company's belongings on the site.

The school's board of management claims the defendant company has refused to vacate the playground and that it has asserted it has a lease on the site.

This, the school contends, is incorrect and in a sworn statement to the court Brother Niall Coll of the Patrician Order which runs the school says the defendants assertion of a lease “would have a very chilling effect on the operation and management of the school" which has 200 pupils.

At the High Court today Michael O'Connor Bl for the school said it had a licence arrangement where for a monthly fee it allowed the playground be used as a car park from 3pm to 9pm on school days, from 8am to 9pm on holidays and weekends.

The licence, which was renewed annually, was first with Mr Mairtin O'Neachtain in 1999 and then with his son Mr Eoghan O'Neachtain. Counsel said that in recent years the school had an agreement with Mr Eoghan O'Neactain's company.

Counsel said in January the company did not renew the licence and through it's solicitors has asserted the firm has a lease on the site.

No lease was ever entered into with the company. An offer to renew the licence was not taken up.

The court also heard that the school has planned several new initiatives to boost student numbers including a preschool and after school services.

It fears the defendant's actions could disrupt those plans.

Ms Justice Caroline Costello granted the school, on an ex parte basis, permission to serve short notice of the proceedings on the company.

The matter was adjourned for a week.