Kerry coursing club settles court dispute with landowner over access to grounds
Club had claimed the defendant had no right to prevent it from denying the members their sporting rights. File picture: Stephen McCarthy / Sportsfile
A High Court dispute between the Co Kerry Coursing Club and the owner of the former Tralee Racecourse over the use of grounds for hare coursing has been resolved.
The court heard the club was locked out of Ballybeggan Park, the site of the former Tralee Racecourse which has been used for coursing for over 100 years, since June 18 last, when new locks were put on the gates of the facility.
As a result, it had sued Ballybeggan Park Company Limited, the entity that owns and operates the lands.
In opposing the action, the defendant company denied all claims of wrongdoing made against it by the club.
The case, which was due to last for six days, was listed before the High Court on Tuesday.
However, following talks between the parties, Mr Justice Brian O'Moore was informed the case had been settled.
David Sutton SC, with Elizabeth Murphy Bl instructed by O'Donoghue-Griffin solicitors, for the club told Mr Justice O'Moore the matter had been "resolved amicably".
Counsel said the settlement was based on certain conditions being fulfilled.
On that basis, counsel said he was asking the court to adjourn the proceedings generally, with liberty to re-enter should the need arise.
Mr Justice O'Moore welcomed the settlement, and praised both sets of legal teams for resolving what he said was a difficult case.
Previously, the High Court heard the lockout occurred despite the fact the club is the largest shareholder in the defendant company.
It had claimed the defendant had no right to prevent it from denying the members their sporting rights.
It also claimed the lockout is related to the company's purported decision to sell the lands for €5m, which it alleged was a gross undervalue.
The claims were denied.
Arising out of the defendant's alleged actions, the club had last year sought orders, including an injunction restraining the company from obstructing or interfering with the club's pursuit of its coursing activity.
It also sought an order requiring the defendant to facilitate the club with access to the lands at Ballybeggan Park for the purposes of coursing activities.
It further sought an order preventing the defendant company from taking any further steps in relation to the lands that were averse to the club's interests.
The defendant said the action was motivated by a bid to frustrate the sale, and the gates had been locked due to security concerns.
Last August, the club's application for injunctions, which would remain in place until the outcome of the case had been decided, was dismissed by Mr Justice Garrett Simons.
