Travellers seek court order to prevent eviction from halting site30/04/2012 - 18:09:15
A group of up to 100 members of the Irish Traveller's community are seeking High Court orders restraining Offaly Co Council from moving them from an unofficial halting site.
The action is brought on behalf of the group by Patrick McInerney his wife Bridget McInerney whom the court heard have been living at the halting site at Kilmucklin, Ashfield, Clara in Co Offaly since 2003 and Mary McInerney who is a primary healthcare worker with the Tullamore Travellers Movement, who also resides at the site with her family.
The High court heard today that Offaly Co Council decided to take action, due before Tullamore Circuit Court, under section 160 of the Planning and Development Act 2000 aimed at moving the group from the site, after receiving complaints from the public.
The site itself is an abandoned piece of land, away from the nearest main road and about half a mile from the nearest residence
Facilities there are nonexistent the site has no running water, sanitation or toilet facilities.
Moving the application Paul Gunning Bl for the McInerney's said his clients and members of their extended families moved to the site after leaving another site because of threatening, violent and hostile acts were committed against them.
It was their case that the by bringing proceedings against his clients, without providing them with an alternative, suitable accommodation the Council, as the local housing authority, was in breach of its statutory duty.
In their intended action the group are seeking a number of orders and declarations from the court, including an order quashing the Council's decision to issue proceedings against them under the 2000 Act.
The application was made, ex-parte (one side only) before Mr Justice Michael Peart today.
The Judge said that he would give his decision on whether to grant the group permission to bring their action later this week.
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