Killarney residents' association to oppose 'horse right of way' injunction

Killarney Racecourse Company has an order restraining local residents from obstructing the horses on foot on their way to and from the stable yard during the July race meeting

This right of way had been blocked by one of the defendants the day before the May race meeting when they placed a white van at an entrance for horses and pedestrians, according to the civil bill entered by the Killarney Racecourse Company. Picture: Valerie O'Sullivan

A Kerry residents' association is to mount a defence against an injunction imposed on it by Killarney Racecourse preventing it from blocking "a horse right of way", the Circuit Court in Killarney heard on Wednesday.

Ex parte orders had been granted to Killarney Racecourse Company at the Circuit Civil Court in Tralee on July 16, restraining the residents of Castle Falls, Killarney, from obstructing the horses on foot on their way to and from the stable yard during the July race meeting.

The company feared a repeat of incidents in May when, it is claimed, residents blocked the horses’ "right of way" to the rear of the racecourse.

Protests have been taking place by residents of Castle Falls objecting to the use of their estate by horses during race meetings.

Horses on foot have a right of way over a strip of grassed land parallel to the racecourse wall, according to the civil bill, barrister Elizabeth Murphy, for Killarney Racecourse, said. The bill asserts the horses’ right of way to proceed to and from the stable yard at the back of the racecourse, along "the strip".

At the Circuit Civil Court in Killarney on Wednesday, where the motion was listed, Ms Murphy told judge Terence O’Sullivan she was looking for "interlocutory orders" with regard to "the horse right of way".

"The residents' association do wish to make a defence argument," Ms Murphy told Judge O’Sullivan. An issue has now arisen as to the grassed lands in question as well as other lands, the court was told.

'Interpretation of the strip'

Micheál Munnelly, barrister for the residents, said the dispute had arisen as to "the interpretation of the strip" and the extent of the ground in question.

There were two notice parties — Kerry County Council and WK O’Connor & Sons Ltd. A number of directors of Killarney Racecourse Company were in court for the proceedings, including chairman Billy O’Sullivan, former chairman Gerard Coughlan, and director Áine O’Donoghue.

The matter has been put back for hearing to Friday.

This right of way had been blocked by one of the defendants the day before the May race meeting when they placed a white van at an entrance for horses and pedestrians, according to the civil bill entered by the Killarney Racecourse Company. The van had to be towed away by gardaí.

Subsequently, "numerous and diverse other agitations" have occurred between the residents and the race company, including a van again obstructing the right of way and bearing the sign: "Killarney Race Company Kerry County Council NO HORSES in Caste Falls Estate," it said.

Further permanent injunctions are being sought against the defendants, restraining them from entering or interfering with horse access along the strip during the race meetings in August and September.

A declaration that the residents have "no right to remain, loiter, delay, park, sit, stand or in any way enter the land strip over which the race company has a right of way", is also sought.