The Perils of Enforcement, a tale from Clonmel

[2Pack]

Firstly it must be noted that the Árd na Sidhe estate in Clonmel is not a Ghost Estate…it being largely complete, finished out dacently, and occupied bar this one cul de sac down the back..

However the cul de sac is not complete and some bum builder in Clonmel refuses to finish it. Then it gets complicated. The bum builder has or had a partner who IS prepared to finish it.

irishtimes.com/newspaper/ire … 90490.html

Crohan O’Shea and O’Shea Homes, of which he is a director, claim they have the support of residents of Ard Na Sidhe, Cashel Road, Clonmel, to carry out works, but the site owners had indicated they would refuse access.

They have brought proceedings against brothers Michael Butler, Glenbrook, Old Spa Road, Clonmel and William Butler, Ballytersna, Cashel, Co Tipperary, and Bosod, the firm which developed the estate of 113 houses.

Hugh O’Flaherty, for the plaintiffs, told Ms Justice Mary Laffoy yesterday his clients wanted injunctions which would allow them enter the estate to carry out works.

It seems that O Shea fall into that all too rare class o Irish builders known as ‘Reputable Builders’ and they wish to preserve their good reputation.

The site is in a poor state, presents a safety hazard to the residents and would cost about €400,000 to clean up, he said.

The Butlers were fully aware of that, but Bosod had failed to carry out any remedial works in the estate in recent years, he said.

O’Shea Homes was prepared to enter the estate and had the support of the local council and residents to do so.

However, solicitors for the defendants had indicated they were not prepared to allow O’Shea Homes enter the site to carry out the works, he said.

How odd, hopefully the judge finds it equally odd, and rules wisely Even more oddly the defendant Michael Butler appears to be separately suing his own company…or is that another Michael Butler ??