Tesco seeks injunction to get horses off its Galway land
High Court Reporter
Tesco is seeking a High Court injunction requiring a couple to remove horses on an eight acre site it owns in Galway.
Martin and Kathlee Donovan, who live in a caravan on a halting site at Túr Uisce, Doughiska, Galway, have been keeping the horses, and using buildings as makeshift stables on the site at Briarhill Junction, Galway City, the court heard.
At a meeting with the couple last month, Tesco Ireland Ltd representatives were told they would get the horses off if they were "financially compensated" so that they could buy or rent new land to keep the animals. Tesco refused.
The Donovans also claimed they have been on the site for 15 years and could claim some adverse possession (squatters rights). Tesco dispute this and say the claim is bound to fail.
Galway City Council have also notified Tesco that it had to render the land "other than derelict" and the site had been placed on the derelict sites register which could result, if works are not carried out, in punitive levies and the possibility of a compulsory purchase order.
It has not been possible for Tesco's contractors to get on to the land and do the necessary work due to safety concerns.
The court also heard that the Department of Agriculture also issued a notice requiring the horses to be removed. However, when inspectors arrived to see if the notice was complied with after they were gone the animals were returned to the site.
Tesco has erected paladin fencing around the site boundary but locks to the gates to the site have been removed and new locks placed there, but not by Tesco.
Tesco wants to develop the site and part of it has been compulsorily purchased for part of the N6 Galway Ring Road project.
Mr Justice Brian Cregan, following a one side only application on behalf of Tesco, granted permission for service of the papers on the defendants at short notice.
He said a "plain English" notice should also be provided in the service notice and the defendants could be informed, as well as through a phone and email address Tesco has for one of them, that the case will return next week.
