In a recent development, a bid by two inhabitants of Co Meath to have a builder’s €8 million damages lawsuit against them dismissed pre-trial has been rejected. On Monday, Justice Richard Humphreys ruled that the legal proceedings initiated by Glenveagh Homes against Pat Lynch and Denise Leavy, of Batterstown, Proudstown, Navan, can continue.
Glenveagh alleges that Lynch leveraged an “improved deal” in his effort to negotiate better terms for selling his 16-acre land to the company by unlawfully exploiting the planning process, with the assistance of Leavy. Both Lynch and Leavy, who is a retired bank officer, vigorously deny these allegations.
The court recently heard their request for pre-trial dismissal of the case on the grounds that it constitutes procedural abuse and a Strategic Lawsuit Against Public Participation (SLAPP), which is set to fail.
The developer refutes these accusations, countering that it is responding to the defendants’ deployment of “made up aliases” for filing highly specific petitions and appeals against Glenveagh projects.
Justice Humphreys sought opinions from both parties on whether an explanation of his rationale for not quashing the case at this juncture is necessary. They replied that they would refer to their guidance on this matter.
Niall Handy SC, representing Glenveagh, conveyed his belief that his client probably would appreciate a ruling in favour of its successful defence application.
Remarking on the likelihood of conflict resolution, the judge suggested that all sides attempt to reconcile their divergences rather than exacerbating them. He expressed the sentiment that the world could be a better place if people could find common ground more often. However, he also said that the judiciary is charged with resolving disputes as and when they arise, and the case was adjourned until 15th April.
Glenveagh’s lawsuit states that between March 2021 and June 2023, Lynch and various ‘aliases’ of Leavy submitted 17 observations and five appeals regarding Glenveagh applications, the majority of which related to planned developments beyond the defendants’ local area.
According to Glenveagh’s CEO, Stephen Garvey, the defendants’ activities, which he referred to as a “tortious interference campaign,” caused “significant, unforeseen challenges” in the delivery of residential projects in counties Meath, Dublin, Louth, Westmeath, Kildare, and Waterford.
Garvey mentioned in his legal statement that the developer had previously declined to purchase Mr Lynch’s land in Co Meath for a price significantly higher than the market value. However, an initial agreement was later formed for a sum of €7.8 million.
Mr Lynch vehemently denied these allegations in a sworn statement. He argued that the company’s entire claim against him and Ms Leavy was baseless. His belief was that some of Glenveagh’s planning proposals were unacceptable and they would be unmanageable if implemented. He emphasized that their objections were not meant to cause disruption but were lodged as per established planning rules.
Ms Leavy, who owns an acre of land near Mr Lynch’s, confirmed in her legal document that she accepted Glenveagh’s initial offer for the lands before negotiations fell apart. She debunked claims that submissions or appeals were utilised as a mechanism to increase the selling price for their property. She also strongly refuted the insinuation that she created a bogus identity.
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