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Judge criticises 'squabbling' in Morrison case

Michelle & Van Morrison - Case over felled trees
Michelle & Van Morrison - Case over felled trees

The judge hearing a challenge by Van Morrison's wife, Michelle, against Dún Laoighaire Rathdown Council over the planting of trees at her neighbour's house has said 'squabbling' by legal counsel is 'unedifying'.

Mr Justice Michael Hanna made the comments before adjourning the hearing for the weekend. The case will continue for a fifth day on Monday at the High Court.

The judge said he found ‘squabbling’ between legal counsel on issues on the fourth day of the hearing ‘unedifying’.

He told the parties they had a number of days that could be used before the case next comes before the court and remarked that enough time had been taken up already.

Earlier this week Mr Justice Hanna had urged the parties to reach agreement saying the case was going to cost someone a lot of money.

However, talks between both sides on Wednesday failed to broker an agreement.

Michelle Morrison alleges Dún Laoghaire Rathdown County Council failed to protect her privacy by agreeing a submission from neighbours - Desmond and Mary Kavanagh - that they had complied with planning permissions granted.

She alleges that trees, which were to be retained or replaced in accordance with the planning permission, have been felled and not replaced.

Ms Morrison says this severely affects the privacy of her family.

In a sworn statement she also said that she had no confidence in any expressed intention by Mr and Mrs Kavanagh to plant trees to screen their property, which was described in court as a ‘Celtic Tiger-type house’.

She said she wanted the court to determine the issue so that they would be compelled by law to comply with the planning permission.