'Very sad case' should never have come to court - judge
The extraordinary dispute between suburban neighbours was described as a very sad case that should never have come to court and the judge said today that 26-year-old Michael Troy Cremin was the cause of it getting that far.
“I am going to ask for and demand peace between these families and urge the Cremins to get on with their lives and direct their son to something more useful and to apply the law to something more useful. He is of an age now that he should be doing something other that harassing, intimidating and
threatening the Hartigans. He should be growing up,” Judge Patrick J Moran.
Troy Cremin said afterwards that he and his family would be appealing the case to the High Court.
The judge dismissed the counter claim against Tony and Eileen Hartigan of Killingley, Ardarrig, Douglas at Cork Circuit Court.
“I take the view that the Hartigans have been forced into this court.”
He ordered neighbours, Troy Cremin and his parents Noel and Maureen Cremin of Palm Springs, Ardarrig, to pay €4,000 in damages to the Hartigans. He also ordered them to remove signs from their premises that overlooked the Hartigan’s property, to stop shining lights or using recording equipment covering the Hartigan’s property.
Judge Moran ordered Troy and Noel Cremin not to trespass on the property or interfere with their plants or shrubs and to have no communication by any means, verbal or written with the Hartigans.
The judge dismissed all counter claims against the Hartigans.
In respect of one of these claims that Mr Hartigan cut palm trees without permission, the judge said that he did not believe that the Cremins had given permission expressly but that Mr Hartigan would have believed he had implied permission as he had been cutting them for years. And the judge did not believe that Mr Hartigan had acted in any way maliciously by cutting the trees.
