An enforcement case involving the company at the centre of the defective concrete blocks crisis is one of a raft of proceedings adjourned due to a pending Supreme Court hearing.
A large volume of cases taken by Donegal County Council were due before Buncrana District Court this week.
Ms Donna Ferry of VP McMullin Solicitors, for Donegal County Council, told the court that she was seeking an adjournment in the matter and the case was adjourned until March 25, 2025.
Cassidy Brothers Concrete Products Ltd were not represented in court. Solicitor Éamonn Dillon of Edmond J Dillon Solicitors, Listowel, County Kerry, has previously appeared for the firm.
The charge against Cassidys is that, having been served with an enforcement notice, in accordance with the Planning and Development Act, 2020 relating to unauthorised development at Gransha, Buncrana, they did not within the period specified in the notice, take steps required thereby to be taken, contrary to the form of sections 154 (8) and 156 of the act.
Among the cases due before the court on Tuesday included a variety of fisheries offences brought by Foyle, Carlingford and Irish Lights Commission. Cases against 14 different defendants in relation to 57 fisheries charges were adjourned.
The defendants were represented by solicitors Mr Ciaran Mac Lochlainn and Ms Carrie Hegarty.
Some of the offences date back as far as September 2013 with several dates included up to March 2019.
Mr Mac Lochlainn told Judge Cunningham that he has previously objected to the matters being adjourned due to the issue of delay.
Judge Cunningham said she was formally noting the objection by Mr Mac Lochlainn.
The cases were adjourned to May 27 for mention.
Four other defendants – three of whom are represented by Mr Mac Lochlainn and the other who is self-represented – facing charges of failing to comply with enforcement notices relating to unauthorised developments, also had their cases adjourned.
The Supreme Court is due to hear an appeal, taken by Donegal County Council, against a High Court decision in respect of a case taken by the local authority against Mr Ciaran Quinn case, relating to an unauthorised development at Crouch, Dunkineely.
In that case the summons records that the application for its issue was made by ‘V.P. McMullin, Solicitors on behalf of the above-named Prosecutor’.
It was submitted on behalf of Mr Quinn that V.P. McMullin is not a legal person being an unincorporated body of persons. It was argued that the Courts Act requires application for a summons to be made by a person with legal capacity.
Mr Justice Conleth Bradley ruled that the Courts Act ‘does not authorise the issue of a summons on the application of ‘VP McMullin’ being a firm of solicitors and an unincorporated body of persons’.
The Attorney General is also listed on those proceedings as a notice party.
The Conor Quinn case and its impending visit to the Supreme Court could have a widespread impact on other summonses issued by VP McMullin on behalf of the Council, including that involving Cassidy Brothers Concrete Products Limited.
No date has been fixed yet for the matter but the relevant parties are said to be hopeful of getting a hearing date in April or May.