Kenny -v- An Bord Pleanála [2008] IESC 17 (10 April 2008)

Kenny -v- An Bord Pleanála [2008] IESC 17 (10 April 2008)

The appeal must fail because the appellant's challenge to planning permission was dismissed in the related Trinity case, leaving no legal basis for the present action or for restraining enforcement of costs.

Citation
[2008] IESC 17
Parties
Plaintiff/appellant: James Kenny; Defendant/respondent: An Bord Pleanála
Jurisdiction
Ireland
Judgment Date
10 April 2008
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Review, Planning Permission, Costs
Administrative Law Planning Law Judicial Review Planning Permission Costs

Case Brief

Summary, issues, holding and outcome

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Parties

James Kenny

Plaintiff/appellant

An Bord Pleanála

Defendant/respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant's action disclosed a reasonable cause of action
  2. 2 Whether the respondent should be restrained from enforcing an order for costs

Ratio Decidendi

The appeal must fail because the appellant's challenge to planning permission was dismissed in the related Trinity case, leaving no legal basis for the present action or for restraining enforcement of costs.

Court Disposition

appeal dismissed

Orders

  • High Court order striking out appellant’s action affirmed
  • High Court order refusing interlocutory injunction affirmed