Jacksonway Properties Ltd. v. Minister for the Environment and Local Government [1999] IEHC 235 (2nd July, 1999)

Jacksonway Properties Ltd. v. Minister for the Environment and Local Government [1999] IEHC 235 (2nd July, 1999)

None of the applicant's complaints constitute substantial or even arguable grounds for Judicial Review. Adequate access was provided for existing uses, and any further loss is compensable. The Minister's actions were within statutory and constitutional bounds. There is no basis for a constitutional challenge to the...

Source-derived case information.

Citation
[1999] IEHC 235
Parties
Applicant: Jacksonway Properties Limited; First Respondent: Minister for the Environment and Local Government; Respondents: Others
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Application for Leave to Bring Judicial Review Proceedings
Outcome
Leave for Judicial Review refused
Legal Topics
Judicial Review, Ultra Vires, Compulsory Acquisition, Environmental Impact Assessment, Zoning and Planning, Access and Compensation, Constitutionality of Statutes
Administrative Law Planning and Development Law Constitutional Law Judicial Review Ultra Vires Compulsory Acquisition Environmental Impact Assessment Zoning and Planning +2 more

Source-derived case record

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 4 Party arguments 2
Sign in to unlock

Parties

Jacksonway Properties Limited

Applicant

Minister for the Environment and Local Government

First Respondent

Others

Respondents

Procedural Posture

Judicial Review / Application for Leave to Bring Judicial Review Proceedings

Legal Issues

  1. 1 Whether there are substantial grounds for contending that the Minister's Orders approving a motorway scheme and its development are invalid or ought to be quashed
  2. 2 Whether the Minister acted ultra vires in approving the scheme without considering rezoning
  3. 3 Whether alternative access and services provided are adequate

Ratio Decidendi

None of the applicant's complaints constitute substantial or even arguable grounds for Judicial Review. Adequate access was provided for existing uses, and any further loss is compensable. The Minister's actions were within statutory and constitutional bounds. There is no basis for a constitutional challenge to the relevant statutory provisions.

Court Disposition

Leave for Judicial Review refused