The proposed €1 million transaction for the playing fields in Foxrock may encounter obstacles, as one of the clubs claiming usage rights over the ground has announced legal counsel advice stating that “the sale is unfeasible”.
There has been growing tension among the clubs utilising the playing fields due to Foxrock parish’s intention to sell the grounds, which it administers for a diocesan trust, to Geraldines P Moran GAA club (Gers) for €1 million.
The site, which spans five acres and could potentially be worth €10.5 million if reclassed from recreational to residential use. There has been notable commercial interest, with Dunnes Stores – having expressed long-term interest in the fields – having sold a similar sized nearby site for approximately €32 million in 2018.
This Wednesday at an information gathering, longstanding users of the field, St Brigid’s Rugby, has alleged a significant breach of trust by the local church and GAA club.
Tensions have increased over the past week with the rugby club claiming to have received five solicitor letters on behalf of the church demanding immediate action whilst the rugby club legal representatives were unavailable.
Earlier this week, a letter was received alleging that their use of the fields was to cease. Supposedly, further correspondence implied that this could avoid termination if the rugby club consented to a contested legal letter “and complied with all the GAA club’s conditions”.
However, club members claim their senior legal counsel insists that in its current form, the sale is not legally viable.
One of the trustees of the diocesan trust, Bishop Donal Roche, briefly contributed to the discussion just as an interested party, not as the representative of the trust or anyone else. He stated that the decision to sell the land for future use as a field “seemed favourable at that moment”.
“It was understood that your field access rights would remain unchanged,” he added.
A significant point of contention stems from a supplementary agreement including apparently conflicting statements regarding access for other sports, negotiated by the parish and the GAA club.
Both parties have agreed conditionally to “allow sports clubs and other users to proceed using the grounds… much in the same manner as they’ve done so far, consistent with prior usage patterns”.
Contradictorily, the contract includes a schedule requiring the rugby team to take down its advertising signage, equipment, and goals “after their predetermined period of usage”, which stands in opposition to the terms of their existing access permit.
There are specific constraints on the rugby team’s recruitment operations that St Brigid’s interpret as a breach in equality laws. Additionally, the agreement mandated that the affiliation between the GAA club and the rugby squad is to be substantiated yearly through written confirmation.
An independent “buyback” clause that enables the parish to benefit from any profit from a potential sale of the fields by the GAA club, has called into question the trustworthiness of the 999-year lease with a view toward guaranteeing that local children and other officials continue to use the fields for sports.
“We thought this would be a positive development for the Catholic Church,” commented Morgan Cassidy, the chairman of the St Brigid’s rugby association. “However, this is unfortunately a bit of a botch-up. They’ve erred in this matter and it requires remediation. Our objective is to work out a viable proposal with the parish and Gers, but if this isn’t possible, our legal discourse with the St Laurence O’Toole [diocesan] trust will be ongoing.”