Kerry coursing club claims it has been locked out of grounds 'wrongfully' and 'aggressively'
The club claims that the company made no proposals as to how hare coursing is to be accommodated according to the rights of the coursing club, after the sale of the lands. File photo: Paul Barker/PA
Members of the Co Kerry Coursing Club have claimed before the High Court that they have been "wrongfully" and "aggressively" locked out of grounds that have been used for hare coursing for well over 100 years.
The court heard the club was locked out of Ballybeggan Park, the site of the former Tralee Racecourse, since June 18 last when new locks were put on the gates of the facility. It claims that it has been locked out by Ballybeggan Park Company Limited, the entity that owns and operates the lands.
The club, represented by David Sutton SC and Elizabeth Murphy Bl instructed by O'Donoghue-Griffin solicitors, has claimed before the court that the lock out has occurred despite the fact it is the largest shareholder in the defendant company.
The club claims the defendant has no right to deny the members their sporting rights. It also believes that the lockout is related to the company's purported decision to sell the lands for €5m.
The club says it needs to be allowed back into the park as it usually starts works in June and July to prepare the grounds for the start of the coursing season in September. It is also due to take a delivery of feed for the hares to be stored at the park, which it currently cannot do.
It seeks orders including an injunction restraining the company from obstructing or interfering with the club's pursuit of its coursing activity. It also seeks 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 seeks an order preventing the defendant company from taking any further steps in relation to the lands that are adverse to the club's interests. The club claims that last May an article appeared in a local newspaper stating the grounds had been sold. This came as a surprise to the club.
It claims that the company confirmed that it intends to sell the grounds for €5m, even though the club claims that the shareholders have not approved the proposal. The club also believes that the value of the proposed sale is a gross undervalue.
In addition, the club claims that the company made no proposals as to how hare coursing is to be accommodated according to the rights of the coursing club. The club says it does not generally object to lands being sold and is prepared to take a pragmatic view, but wants its activities catered for.
A deal, which ultimately fell through for the sale of the lands for €47m, had been agreed in 2007. As part of that proposal, alternative lands in Co. Kerry were to be provided to the coursing club.
The club claims that arising out of the purported sale no plan to accommodate its activities has been put to it. The club said that there have previously been difficulties between the club and the company.
in 2019, it was also allegedly locked out of the park. The club instructed lawyers to sue the company due to the firm's alleged oppressive actions. However, that dispute was settled before it came to court and the club members were given access to the lands.
The matter was mentioned before Mr Justice Brian O'Moore on Wednesday. The judge, on an ex-parte basis, granted the applicants permission to serve short notice of the injunction proceedings on the defendants. The matter will return before the court later his month.
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