The Health Service Executive has welcomed a High Court ruling, confirming its sole ownership of some two acres of land adjoining its Community Services Centre at Grogans Road, Wexford.
The Judgement, delivered by Justice Declan Budd on Thursday 4th last, was made in relation to an appeal by a Mr. James Breen – whose claim of adverse possession had previously been ruled against at Circuit Court level.
The HSE had already been the registered owners of the property with the Land Registry. The High Court made it absolutely clear to Mr Breen that he is permanently enjoined or restrained from doing anything whatsoever on the property. Costs of the Circuit and High Court were awarded against Mr. Breen. In complimenting the witnesses for the HSE, Justice Budd made it clear that this was an end of the matter and specifically pointed out that there is no appeal from a decision of the High Court on Circuit.
Welcoming the news, the HSE’s Local Health Manager for the Wexford area Ms. Pauline Bryan said:
“The HSE is happy to have a line drawn under this matter for once and for all. We are disappointed, however, that we’ve been forced down a protracted legal route due to the actions of one individual – particularly as the Circuit Court had already confirmed the situation. This dispute should never have arisen. The land at Grogans Road is publicly owned and intended to benefit the community we serve in the Wexford area.”
The High Court was told that in 2002 Mr. Breen had attempted to erect fencing and bring a horse onto the land at Grogans Rd. The HSE immediately secured an injunction against Mr Breen and pending the full hearing of the case permitted him to have up to three horses on their registered property.
The Circuit Court in December 2007 ruled in favour of the HSE, dismissed the claim of adverse possession and awarded costs against Mr. Breen. Prior to the hearing of the appeal, Mr Breen sought leave to amend his case so that in addition to claiming adverse possession, or as an alternative, he wished to claim grazing rights. The High Court has ruled that there was no evidence to establish either adverse possession or grazing rights.
The HSE has agreed to facilitate any necessary discussions in relation to returning any items that Mr. Breen may have left on the lands.
Last updated on: 12 / 12 / 2008