Res­o­lu­tion reached over dis­puted lands at Lodge­wood

Enniscorthy Guardian - - FRONT PAGE -

FOL­LOW­ING a lengthy high-pro­file dis­pute which traipsed through the courts on sev­eral oc­ca­sions, it seems a res­o­lu­tion has been reached in a case in­volv­ing lands at Lodge­wood in Ferns.

Veg­etable grow­ers John B Dock­rell Ltd of Screen took out an in­junc­tion against John Kin­sella who, it was al­leged, had tres­passed on the some 150 acres.

It was also claimed that Kin­sella had blocked ac­cess to the lands and erected signs re­fer­ring to ‘Vul­ture funds and land grab­bers’ and threat­en­ing that ‘tres­passers will be shot’. The land had been pur­chased by John B Dock­rell from a so-called ‘vul­ture fund’ back in 2017 and since then, have been the sub­ject of in­tense dis­pute.

The Lodge­wood lands had been bought by John and Michael Kin­sella back in 2008 and, fol­low­ing the eco­nomic col­lapse, they found them­selves with sig­nif­i­cant debts as as­sets di­min­ished. The Kin­sel­las al­ways claimed that they had en­gaged with their fi­nan­cial in­sti­tu­tion, Friends First, at ev­ery step of the way, how­ever, their loan was sold as part of a port­fo­lio to Em­ber­ton Fi­nance in 2016. At the time, the broth­ers claimed that their loan had been sold for a frac­tion of what they had of­fered as a set­tle­ment to Friends First. It was in 2017 that Em­ber­ton sold the lands to John B Dock­rell Ltd.

In Au­gust of this year, three rel­a­tives of John Kin­sella, in­clud­ing brother Michael, were ar­rested by gar­daí at the Lodge­wood site for at­tempt­ing to il­le­gally harvest the crops there. This had come just af­ter John Kin­sella spent a few hours in Moun­tjoy Prison for breach­ing the terms of an in­junc­tion which pre­vented him com­ing within 100 me­tres of the lands, in­ter­fer­ing with the prop­erty, and from

block­ing and im­ped­ing any en­trances to the lands.

When the mat­ter re­turned be­fore the courts on Thursday, Bene­dict Ó’Flionn SC, act­ing for John B Dock­rell, told Ms Jus­tice Teresa Pilk­ing­ton that, fol­low­ing talks with a lawyer for Mr Kin­sella, this ‘rather tan­gled mat­ter’ had been re­solved.

As part of the set­tle­ment, it was agreed that the court could make cer­tain or­ders with the con­sent of both par­ties. They were that Mr Kin­sella, all per­sons act­ing in con­cert with him and all per­sons hav­ing knowl­edge of the or­der, are re­strained from tres­pass­ing on or at­tend­ing at the lands at Lodge­wood. It was also or­dered that there would be no in­ter­fer­ence with or ob­struc­tion of the lands, in­clud­ing the block­ing of the en­trances by the de­fen­dant.

Mr Kin­sella was un­reach­able for com­ment at the time of go­ing to print.

John Kin­sella.

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