This article is from page 31 of the 2006-09-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 31 JPG
FOUR locals in Doonbeg have lodged circuit court proceedings in a bid to compel Doonbeg golf club to implement the terms of a High Court settlement reached two years ago.
In February 2004, the golf club reached a High Court settlement with five locals over a contentious right of way dispute.
As part of the terms of the agreement, the five agreed to an alternative right of way leading the golf club to build a barrier across the existing right of way which traverses the 15th hole of the golf course to Doughmore beach.
The five that secured the agreement with the golf club were Thomas Considine, James O’Leary, Chris Carroll, Sinead Carroll and Simon O’Donnell, who has since passed on.
Arising from the High Court settlement, Doonbeg golf club built a six foot high wall across the disputed right of way.
However, this precipitated An Bord Pleanala ruling that the club acted illegally in building the wall and that decision is now the subject of a separate High Court action by Doonbeg Golf Club.
Now, the surviving four involved in the original High Court settlement have lodged papers with Ennis Circuit Court alleging that Doonbeg golf club “has failed, refused and neglected to take the requisite steps to comply with the Terms of Settlement and has failed to meet its obligations on foot of the settlement”.
The four claim that no steps have been taken by Doonbeg golf club to register the four’s right of way as a burden on their title deed; that no steps have been taken by Doonbeg Golf Club to register the right of the four to drive onto Doughmore beach and that Doonbeg golf club has failed to extend the existing carpark by July 1, 2004.
The four also claim that Doonbeg golf club have failed to provide a tarred access road from the Caherfeenick Road to the entrance of the proposed car park and they have failed to erect the collapsible bollards, failed to provide the keys and failed to provide the designated carparking spaces for each of the four.
The four state in breach of the undertaking at clause 5, Doonbeg Golf Club erected collapsible bollards, but have failed, refused and neglected to provide the four with electronic keys for the purpose of collapsing the bollards in question.
The four are now seeking an order compelling Doonbeg to comply with the terms of the High Court settlement.
Counsel for Doonbeg golf club is likely to seek an adjournment in the case pending the completion of the High Court action concerning the An Bord Pleanala decision.
The High Court proceedings in relation to the An Bord Pleanala decision were launched by the golf club in June of last year and the case is likely to be heard again in the High Court before the end of the year.