Quarry owner claims solicitor has trespassed and flown drone over his property

It is the first injunction application brought before the court since new EU regulations concerning the operation of drones were introduced at the start of the year. File photo: Larry Cummins

The owner and operator of a quarrying company has claimed before the High Court that a qualified solicitor has flown his drone over and trespassed on its lands in Co. Meath.

The action has been brought by Keegan Quarries Ltd and its managing director John Keegan against Kieran Cummins, whom it is alleged has flown his drone over and has trespassed at the plaintiff's quarry at Trammon, Rathmolyon, Co. Meath.

Mr Cummins, a qualified solicitor of Trammon, Rathmolyon lives 500 metres from the quarry.

The court heard that in the past decade Mr Cummins has either personally, or through an entity called Eco Advocacy of which he is an officer, brought planning and environmental actions against entities connected to Mr Keegan.

The plaintiffs' claims

The plaintiffs claim that Mr Cummins regularly observes, photographs and videos the Trammon Quarry, where 120 people are employed.

It is claimed that on several occasions Mr Cummins has flown drones over the quarry without permission, which the plaintiffs claim gives rise to health and safety concerns.

The plaintiffs do not know if Mr Cummins is a registered licensed drone operator.

It is also claimed that Mr Cummins was seen on January 16 at the quarry, when lawful activity under the level 5 restrictions was being carried out by the company.

It is alleged Mr Cummins was seen by workers standing at a dangerous location, at the top of the quarry face, where there is a sheer drop of 25m.

It is alleged that he had no entitlement to be on the plaintiffs' property, and his presence at the quarry has also raised health and safety concerns.

What the plaintiffs want

Arising out of the defendant's alleged actions the plaintiffs seek injunctions against Mr Cummins restraining him entering on or interfering with the plaintiffs' lands at Rathmolyon. Represented by Martin Hayden SC and Eoin O'Shea Bl, the plaintiffs seek an order restraining the defendant from flying or controlling a drone in the airspace above the plaintiff's lands at Rathmolyon.

Counsel said the plaintiffs sought undertakings from Mr Cummins to desist the drone flying over the property and not trespass on the plaintiffs' lands. However, no reply was received and it had no option other than seek court orders.

Mr Hayden said that there was "a degree of novelty" to the application as it was the first injunction application brought before the court since new EU regulations concerning the operation of drones were introduced at the start of the year.

The action came before Ms Justice Leonie Reynolds on Friday, who on an ex-parte basis granted the plaintiffs permission to serve short notice of the proceedings on Mr Cummins.

The judge, who wondered if the case was a matter for the Circuit Court, adjourned the matter to a date next week.