A5 WTC (New Road from Aughnacloy to Derry)

Started by Hereiam, June 08, 2009, 11:51:29 AM

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WeeDonns

Quote from: David McKeown on July 01, 2025, 10:22:36 PMI see Liz Kimmins has indicated that there will be an appeal.  Always possible that McAlinden J got the law wrong but given the content of the Judgement I am surprised by this course of action.  Particularly as they have started to return the land and remove all the equipment/
Could an appeal delay the return of land etc?
As someone has pointed out above, that process is going to cost a fortune ... a process that is then going to be reversed again in the future (hopefully) when DfI get their application sorted?

sensethetone

Wonder will the climate change issues that's stopping the A5 stop the gold miners?

tiempo

Quote from: sensethetone on July 02, 2025, 09:37:32 AMWonder will the climate change issues that's stopping the A5 stop the gold miners?

Cemtex for them boys surely


David McKeown

Quote from: WeeDonns on July 02, 2025, 08:22:50 AM
Quote from: David McKeown on July 01, 2025, 10:22:36 PMI see Liz Kimmins has indicated that there will be an appeal.  Always possible that McAlinden J got the law wrong but given the content of the Judgement I am surprised by this course of action.  Particularly as they have started to return the land and remove all the equipment/
Could an appeal delay the return of land etc?
As someone has pointed out above, that process is going to cost a fortune ... a process that is then going to be reversed again in the future (hopefully) when DfI get their application sorted?

I'm not sure why the return of lands happened that wasn't the focus or an outcome of the original decision (unless I missed it)
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trileacman

Quote from: David McKeown on July 02, 2025, 06:39:48 PM
Quote from: WeeDonns on July 02, 2025, 08:22:50 AM
Quote from: David McKeown on July 01, 2025, 10:22:36 PMI see Liz Kimmins has indicated that there will be an appeal.  Always possible that McAlinden J got the law wrong but given the content of the Judgement I am surprised by this course of action.  Particularly as they have started to return the land and remove all the equipment/
Could an appeal delay the return of land etc?
As someone has pointed out above, that process is going to cost a fortune ... a process that is then going to be reversed again in the future (hopefully) when DfI get their application sorted?

I'm not sure why the return of lands happened that wasn't the focus or an outcome of the original decision (unless I missed it)

The original decision struck out the vesting orders, therefore DFI, in the eyes of the law, are trespassing on land they don't own.
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David McKeown

Quote from: trileacman on July 03, 2025, 01:30:45 PM
Quote from: David McKeown on July 02, 2025, 06:39:48 PM
Quote from: WeeDonns on July 02, 2025, 08:22:50 AM
Quote from: David McKeown on July 01, 2025, 10:22:36 PMI see Liz Kimmins has indicated that there will be an appeal.  Always possible that McAlinden J got the law wrong but given the content of the Judgement I am surprised by this course of action.  Particularly as they have started to return the land and remove all the equipment/
Could an appeal delay the return of land etc?
As someone has pointed out above, that process is going to cost a fortune ... a process that is then going to be reversed again in the future (hopefully) when DfI get their application sorted?

I'm not sure why the return of lands happened that wasn't the focus or an outcome of the original decision (unless I missed it)

The original decision struck out the vesting orders, therefore DFI, in the eyes of the law, are trespassing on land they don't own.

I misunderstood the position on vesting. The vesting was contingent on the decision to proceed with the road being lawful so whilst the vesting themselves weren't unlawful per se, the quashing of the original decision has in effect voided them ab initio. Hence why the land is being returned. Had missed that bit which in my defence was early on in the Judgement.
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