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)

The Council dedicated public rights of way over the park pathways, and these rights cannot be extinguished or infringed without compliance with statutory procedures under the Roads Act 1993.

Citation
[1998] 1 ILRM 25
Parties
Plaintiff: Smeltzer; Defendant: Fingal County Council
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Trial of Action on Motion
Outcome
injunction granted
Legal Topics
Public Rights of Way, Dedication of Land, Statutory Procedures for Extinguishment, Trusts in Favour of Public
Public Law Property Law Local Government Law Public Rights of Way Dedication of Land Statutory Procedures for Extinguishment Trusts in Favour of Public

Case Brief

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Parties

Smeltzer

Plaintiff

Fingal County Council

Defendant

Procedural Posture

Plenary Summons / Trial of Action on Motion

Legal Issues

  1. 1 Existence of public trust over park land
  2. 2 Existence and extinguishment of public rights of way
  3. 3 Statutory compliance for development and extinguishment

Ratio Decidendi

The Council dedicated public rights of way over the park pathways, and these rights cannot be extinguished or infringed without compliance with statutory procedures under the Roads Act 1993.

Court Disposition

injunction granted

Orders

  • Defendants prohibited from carrying out proposed developments until statutory proceedings for extinguishment of public right of way are complied with.