A legal action concerning the provision of services across certain lands within the Adamstown strategic development zone in Lucan, County Dublin has been presented to the Commercial Court. The litigation is led by businessmen Timothy Crowley from Aranmore Road, Dublin 4 and Henry Crowley from Coolmore, Finstown, Lucan.
Initially, Mary Crowley of Deerpark Close, Castleknock, Dublin was also part of the claim. However, following her death in February, the court is expected to approve an application naming Timothy and Henry as her personal representatives.
The defendants named in the case are Quintain Developments Ireland Ltd, Adamstown Infrastructure DAC, Clear Real Estate Holdings Ltd and Adamstown Developments DAC. The Crowleys’ argument seeks acknowledgement of certain privileges, rights, and easements that come with the lands they possess at Adamstown and that the defendants are obliged to assist them in practicing these rights.
They argue this should be achieved by putting new service media above, below or across the lands to link with specific connection points. They also request an enduring injunction to prevent the defendants from interfering or disrupting the exercise of these rights and easements.
Their claim was introduced to the expedited Commercial Court on Monday following a petition by the defendants and agreement by the plaintiffs. The case was processed to the commercial list based on an affidavit provided by Michael Hynes, CEO of Quintain, the firm managing the development on behalf of the other defendants.
Hynes stated that there are 285 residential units within the St Helen’s 2 and St Helen’s 3 stages of the Adamstown project. He claimed that the timing of the Crowleys’ legal proceedings is delicate, due to the remaining units in the aforementioned stages that are yet to be developed and/or sold.
He also informed the court that two pending legal warnings (lites pendentes) have been officially recorded on the land. Furthermore, negotiations to sell an 80-unit apartment block to the Tuath Housing Association are ongoing and could potentially be impacted by the registration of the legal caveat, affecting Tuath’s readiness to finalise the deal until the warning has been removed.
The case has been deferred until July by Mr Justice McDonald, who also approved guidelines for its progression through the Commercial Court. For more political discourse and evaluation, check out our Inside Politics podcast.