Couple bring High Court case over landfill odour
MULVIHILLS SAY THEY’D HAD TO LEAVE HOME OVER FOUL SMELLS FROM BALLYNAGRAN
A COUNTY Wicklow couple say they had to leave their home because of noxious smells coming from a nearby landfill site, the High Court has heard.
Michael and Edel Mulvihill left the house they had being living in since the 1990s and are now living in a chalet with no running water, because of the odours they claim are coming from Ballynagran landfill site.
The couple have brought High Court proceedings against several allegedly linked commercial entities they say are the owners and operators of the landfill, which is located 250m from their house.
The claims have been denied; however, several of the defendant companies are not contesting the claim.
The couple are seeking damages for negligence breach of duty and nuisance. As well as problems with odours, the couple also claim their home at Roscath, Kilbride, was flooded in October 2006, November 2006 and December 2008.
Opening the case last Wednesday, March 29, their barrister Thomas Hogan SC, appearing with Declan Wade Bl, said it is his clients’ case that the flooding, which had never occurred previously on their lands, was caused by activities carried out on the landfill site.
Counsel said in particular the flooding in 2008 caused serious damage and ‘effectively destroyed’ the inside of the Mulvihill’s house.
Counsel added that odours from the site, which were almost a constant problem, had also adversely affected the Mulvihill family’s health.
The family also claim the lands were being managed in a way that materials being deposited on the site were generating noxious fumes which were escaping from the site. These toxic fumes were being allowed permeate around the Mulvihills’ home, it was claimed.
Due to this problem, his clients left their home over a year ago and are currently living at ‘a small wooden chalet’ with ‘no running water’ two miles away.
The Mulvihills’ proceedings are against several defendants including who the Mulvihill’s claim are the owners and operators of the landfill site since it opened over a decade ago.
The proceedings are against Greenstar Ltd, Greenstar Holdings Ltd, Greenstar Finance Company which were all placed in receivership in 2012.
The action is also against Greenstar Properties Ltd, Greenstar South East Limited, and Starrus LFG Holdings Ltd.
These defendants and another party sued, Starrus LFG Holdings Ltd, which the court heard is in the process of being liquidated, have opted not to defend the Mulvihills’ claim.
Two other defendants, Ballynagran Landfill Ltd and Grunberg Ltd, that allegedly became the registered owners of the lands and the operator of the landfill in 2014, deny the Mulvihills’ claims.
They claim they did not exist when the flooding occurred, that it is not possible they can be held responsible for those events, and the claims against them are statue barred.
Represented by Martin Hayden SC and Ross Aylward Bl, another defendant company Starrus ECO Holding Ltd, which is involved in the transport of material to the site, said it should not be a defendant in the case.
As part of the proceedings, it has brought an application, opposed by the Mulvihills, that they be let out of the proceedings. It says it has no hand act or part in the operation of the landfill site.
The hearing, which is before Ms Justice Carmel Stewart, continues.