In 2018, the High Court found no persons were entitled to the benefit of the covenant. It also found the covenant was not annexed to any land, either expressly, or by implication.
In 1962, Mr Murphy and Mr Wilson agreed to a modification of the covenant to allow Mr Murphy build a house on part of the lands, the judge said. After JWPL got its €12.8 million award it had to issue proceedings against Dún Laoghaire-Rathdown County Council seeking enforcement of that award which was when the covenant issue arose.
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