Weirview row lands rival actions before High Court

by Mark O'Brien
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A LUCAN man last week brought High Court proceedings against his neighbour in an attempt to prevent rock slides from damaging his home.
Paul Lynam, of Weirview Cottages, has brought the action against Thomas Kelly, also of Weirview Cottages.
Mr Lynam alleges that Mr Kelly has removed vegetation and installed an automatic watering system on an embankment of land behind Mr Lynam’s property that is owned by Mr Kelly.
Mr Lynam claimed in a sworn statement that a 100kg boulder fell from the embankment and damaged decking in his back garden in May.
He also claimed that there had been an increase in rockfall since Mr Kelly removed the vegetation on the embankment.
Mr Lynam hired an expert engineer, who said that it was extremely likely that the removal of the vegetation and the installation of the watering system had caused the increase in rockfalls.
Mr Lynam added that he feared that somebody may be killed or injured by the rockfall and that Mr Kelly had refused his request to stop removing vegetation and using the watering system.
He is seeking an injunction preventing Mr Kelly from using the watering system or removing any more vegetation from the embankment.
Mr Justice Paul Gilligan last week granted Mr Lynam’s legal team permission to serve short notice of the injunction proceedings on Mr Kelly; however, he said he did not want to grant an injunction in the absence of Mr Kelly and adjourned the matter for a week.
Mr Kelly has brought separate proceedings against Mr Lynam, seeking damages for trespass on what he claims is his land.
Mr Kelly claims that Mr Lynam erected decking and a fence without permission over what Mr Kelly claims is his land.
This counter-action remains before the High Court.

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