McHugh v Kildare County Council [2005] IEHC 356 (26 October 2005)

McHugh v Kildare County Council [2005] IEHC 356 (26 October 2005)

The agreement was entered into for the purpose of regulating the development and use of the land, consideration moved from the defendant to the plaintiff, and the agreement is valid and enforceable under section 38.

Citation
[2005] IEHC 356
Parties
Plaintiff: Charles McHugh; Defendant: Kildare County Council
Jurisdiction
Ireland
Judgment Date
26 October 2005
Procedural Posture
Civil / Final Judgment
Outcome
Claim dismissed
Legal Topics
Development Plan, Section 38 Agreement, Zoning, Consideration, Ultra Vires
Planning Law Local Government Law Contract Law Development Plan Section 38 Agreement Zoning Consideration Ultra Vires

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Charles McHugh

Plaintiff

Kildare County Council

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the agreement dated 13 May 1999 is illegal, ultra vires, void or voidable
  2. 2 Whether Kildare County Council can require transfer of land without consideration under section 38
  3. 3 Whether the plaintiff is bound to transfer land under the agreement

Ratio Decidendi

The agreement was entered into for the purpose of regulating the development and use of the land, consideration moved from the defendant to the plaintiff, and the agreement is valid and enforceable under section 38.

Court Disposition

Claim dismissed

Orders

  • Plaintiff's reliefs declined
  • Plaintiff's claim dismissed