McCaughey Developments Ltd -v- Dundalk Town Council & ors [2017] IESC 12 (24 February 2017)

McCaughey Developments Ltd -v- Dundalk Town Council & ors [2017] IESC 12 (24 February 2017)

The appeal was moot because the underlying proceedings had concluded years earlier, the development plan in question had expired, and LEG had not taken steps to expedite or preserve its appeal. No exceptional circumstances justified hearing the moot appeal, and therefore the application for legal aid was also moot and refused.

Citation
[2017] IESC 12
Parties
Applicant: McCaughey Developments Limited; Respondent: Dundalk Town Council; Moving Party/appellant: Louth Environmental Group; Respondents to the Application: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
24 February 2017
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Refusal to Join Party
Outcome
Appeal dismissed
Legal Topics
Mootness, Legal Aid, Public Participation, Aarhus Convention, Judicial Review Procedure
Administrative Law Planning and Environmental Law Mootness Legal Aid Public Participation Aarhus Convention Judicial Review Procedure

Case Brief

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Parties

McCaughey Developments Limited

Applicant

Dundalk Town Council

Respondent

Louth Environmental Group

Moving Party/appellant

Ireland and the Attorney General

Respondents to the Application

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Refusal to Join Party

Legal Issues

  1. 1 Whether the appeal by Louth Environmental Group (LEG) against refusal to join proceedings was moot
  2. 2 Whether the Supreme Court should consider legal aid entitlement in a moot appeal
  3. 3 Whether exceptional circumstances justified hearing a moot appeal

Ratio Decidendi

The appeal was moot because the underlying proceedings had concluded years earlier, the development plan in question had expired, and LEG had not taken steps to expedite or preserve its appeal. No exceptional circumstances justified hearing the moot appeal, and therefore the application for legal aid was also moot and refused.

Court Disposition

Appeal dismissed

Orders

  • Application for legal aid refused
  • Substantive appeal treated as moot and dismissed