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Settlement reached over Clonkeen playing fields

The school was to receive €1.3m from the sale
The school was to receive €1.3m from the sale

A High Court action over plans by the Christian Brothers to sell part of a south Dublin secondary school's playing grounds for €18m has been settled.

Members of Clonkeen College's Board of Management had sued the Christian Brothers congregation, which set up the school, arguing that the school had been promised use of the playing fields for as long as it remained in operation.

The two sides have agreed that the proportion of land being given to the school will be increased by half an acre. This will enable the school to maintain a full size playing pitch on the site.

The original deal between the Christian Brothers and the Edmund Rice Schools' Trust left just under 3.5 acres to the school.

The school's Board of Management, and parents, argued that this was not enough for a full size pitch.

In a joint statement the Board of Management and the Christian Brothers have both welcomed what they call an "amicable" agreement, which will bring to an end all legal proceedings between them.

The statement says that the development of the remaining land will now proceed.

Under the original deal the Christian Brothers were to sell seven acres of the playing fields to builder Patrick Durkan Snr.

The school was to receive €1.3m from the sale.

The school Board of Management had claimed they were kept in the dark over the deal.

They claimed the sale breached a 2006 agreement with the congregation, whose terms included that the playing fields would remain available for the school.

The congregation denied entering into any such agreement, and argued to the court that if there had been any such agreement, it was null and void.

It argued it had a binding contract to sell the lands and intended to make significant charitable donations from the proceeds of the sale.

The school's Board of Management went against the wishes of its own patron, the Edmund Rice Schools' Trust, in opposing the sale of the lands and in taking this case to the High Court.

ERST was established by the Christian Brothers ten years ago, as an independent trust to run its 96 primary and secondary schools including Clonkeen College.

Its chairperson is Mr Justice Peter Kelly, who is also President of the High Court.

Earlier this year the ERST trust attempted to dissolve the school board, citing the High Court action and the costs that might be incurred as a result, and accusing board members of failing to act in the best interests of the school. 

In response staff and school parents expressed support for the stance taken by the school's Board of Management.

The chair of Clonkeen College Board of Management, Michael Blanchfield, told RTÉ News this afternoon that the board was happy with the settlement and happy that the legal row was at an end. He said they wanted to thank all those who had supported the school and that Clonkeen College was now looking forward to moving on.