Cou­ple left with no run­ning wa­ter sue rel­a­tive over pump

Irish Independent - - News - Tim Healy

A COU­PLE whose home has been with­out run­ning wa­ter since Septem­ber af­ter a JCB de­stroyed a pump house serv­ing the prop­erty have brought a High Court case against their neigh­bours and rel­a­tives.

An­thony and Kath­leen Ho­gan, of Mul­lica Lower, Donard, Dunlavin, Co Wick­low, are su­ing Kevin Lawlor Se­nior and his son Kevin Junior, also of Mul­lica Lower, Donard, Dunlavin. Ms Ho­gan and Mr Lawlor Snr are sib­lings, the court heard.

Ro­nan Lup­ton BL, for the Ho­gans, said it was his clients’ be­lief, but they couldn’t say for cer­tain that Mr Lawlor Snr de­mol­ished the pump­house.

Since the in­ci­dent, Mr Ho­gan says Mr Lawlor Snr has taken steps to im­pede any­one try­ing to re­store wa­ter to their home and has erected a steel fence ef­fec­tively block­ing ac­cess to the site of the pump­house.

Coun­sel said the pump­house was on Mr Lawlor’s prop­erty over which the Ho­gans say they have a right of way. In a sworn state­ment, Mr Ho­gan said “all mem­bers of the ex­tended Lawlor fam­ily, if they were hon­est, live in fear of Kevin Snr” be­cause of his “ag­gres­sive and un­pre­dictable na­ture, par­tic­u­larly when he is drunk”.

On the night the pump­house was de­stroyed, Mr Lawlor Snr was found by gar­daí driv­ing a ve­hi­cle at speed across a path­way at the rear of the Ho­gans’ prop­erty, Mr Ho­gan said.

He said Mr Lawlor was very in­tox­i­cated at the time.

Work­ers hired by the Ho­gans were told by Mr Lawlor Snr that “the pump was his”, and he would not al­low them to ap­proach the site. He said that prior to the in­ci­dent Mr Lawlor Snr told him in a threat­en­ing man­ner he would de­mol­ish the pump­house, with­out giv­ing a rea­son.

Mr Ho­gan said Mr Lawlor Snr has been ag­gres­sive to the Ho­gan fam­ily and on one oc­ca­sion while in­tox­i­cated kicked in their door and stormed into the Ho­gans’ bed­room.

Mr Lawlor Jnr has also been ag­gres­sive to­wards the Ho­gans, in­clud­ing ring­ing the door­bell of their home in the early hours, Mr Ho­gan said.

Coun­sel said that while his clients have done all they can, they are un­able to re­solve mat­ters with the de­fen­dants. They have had to rely on “the kind­ness of oth­ers” in re­gards to the sit­u­a­tion with wa­ter. They have to shower in their son’s house and have had to col­lect rain­wa­ter in drums so they can flush their toi­let.

The Ho­gans seek var­i­ous in­junc­tions against their neigh­bours and rel­a­tives in­clud­ing or­ders that the Lawlors cease ha­rass­ing them, al­low them ac­cess to their lands, and over right of way.

They also seek an or­der pre­vent­ing the Lawlors from block­ing the Ho­gans’ agents from restor­ing the well and pump­house pro­vid­ing the Ho­gans home with wa­ter.

Coun­sel said that his clients had taken le­gal steps, but a per­son who at­tempted to serve a le­gal let­ter on the de­fen­dants had been in­tim­i­dated and threat­ened by Mr Lawlor Snr.

Yesterday, Mr Jus­tice Tony O’Con­nor granted Mr Lup­ton per­mis­sion to serve short no­tice, on an ex parte (one side only rep­re­sented) ba­sis, of the pro­ceed­ings on the Lawlors.

The case was ad­journed to next week.

They have to col­lect rain­wa­ter in drums to flush their toi­let

Newspapers in English

Newspapers from Ireland

© PressReader. All rights reserved.