Green Road decision appealed

A COUPLE involved in a dispute with Derry City Council over public access rights to the Bleachgreen in Ardmore are to appeal a County Court ruling that forced them to remove obstructions from the Green Road public right of way this summer.

A Council application that the road be declared a public right of way was heard before the County Court Judge on June 2 with local residents providing evidence on behalf of Council and a Mr Condit providing evidence for the defendants who wanted to restrict access to the roadway.

The Judge delivered his judgement on June 24 after viewing the disputed thoroughfare, declaring the Green Road a public right of way and granting an injunction against Mr and Mrs Condit ordering them to remove any and all obstructions from the road.

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Since then Mr and Mrs Condit have appealed the decision to the High Court. The appeal will be reviewed on September 30 with a view to a future hearing.

A report to Derry City Council's Environmental Services Committee meeting today, September 9, advises: " Mr. and Mrs. Condit lodged an appeal to the High Court against the Order of the Court on 7th July 2010 and served same on the Council on 13th July 2010.

"The High Court will review the appeal on 30th September 2010 with a view to issuing any appropriate pre-hearing directions or orders and, if possible, fix a date for the substantive hearing of the appeal."

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