The Four Courts. Glenveagh’s highly contested €8 million claim against two Co Meath residents who have objected to many of its planning applications raises “complex issues”, a High Court judge has said. Photograph: Bryan O'Brien/The Irish Times
The judge said the problem for the defendants is that “if it was apparent that all they were doing was normal public interest activity then the case should indeed be struck out at this early stage” as abusive strategic litigation against public participation . The developer alleges the pair unlawfully abused the statutory planning process to interfere with its business with the “predominant purpose of leveraging an improved bargain” for Mr Lynch in his bid to obtain better terms in selling 16 acres of his land to Glenveagh.
He described as “misconceived”, the defendants’ submission that “bizarrely, the plaintiff, claims it is the victim of coercive behaviour by the defendants, an insurance consultant and a retired bank official”. If the court finds the defendants have made an abusive planning submission, then “the fact that they may be mild-mannered white collar workers or retirees doesn’t change anything”, he said.
Glenveagh’s case shows “only a few of the potential indicia of a slapp” and is not manifestly unfounded, the judge said.
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Source: IrishTimes - 🏆 3. / 98 Read more »
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