Smeltzer v. Fingal County Council [1997] IEHC 223; [1998] 1 IR 279; [1998] 1 ILRM 25 (13th August, 1997)

Smeltzer v. Fingal County Council [1997] IEHC 223; [1998] 1 IR 279; [1998] 1 ILRM 25 (13th August, 1997)

No public trust or statutory right to use the park as a public park was created upon acquisition, but the Council's actions in laying out and opening the park and its pathways constituted a dedication of public rights of way, which cannot be extinguished except by compliance with statutory procedures under the Roads Act 1993.

Citation
[1997] IEHC 223
Parties
Plaintiff: Smeltzer; Defendant: Fingal County Council
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Trial at First Instance
Outcome
Injunction granted in part
Legal Topics
Public Rights of Way, Dedication of Land, Extinguishment of Public Rights, Statutory Powers of Local Authorities, Trusts in Public Land
Administrative Law Property Law Local Government Law Public Rights of Way Dedication of Land Extinguishment of Public Rights Statutory Powers of Local Authorities Trusts in Public Land

Case Brief

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Parties

Smeltzer

Plaintiff

Fingal County Council

Defendant

Procedural Posture

Plenary Summons / Trial at First Instance

Legal Issues

  1. 1 Whether a public trust or statutory right exists over the Town Park land acquired by the Council
  2. 2 Whether public rights of way have been dedicated over the park pathways and the process for their extinguishment

Ratio Decidendi

No public trust or statutory right to use the park as a public park was created upon acquisition, but the Council's actions in laying out and opening the park and its pathways constituted a dedication of public rights of way, which cannot be extinguished except by compliance with statutory procedures under the Roads Act 1993.

Court Disposition

Injunction granted in part

Orders

  • Defendants prohibited from carrying out the proposed development until statutory procedures for extinguishment of public rights of way have been complied with.