The cost to Sligo County Council of the ongoing High Court case over alleged rights of way across the Lissadell Estate will only be accurately determined after the case is finalised and much will depend on how long the case runs and its outcome, members of Sligo County Council were told at their March monthly meeting.

County Manager Hubert Kearns pointed out that the case was brought by the owners of Lissadell and that the council was defending the case.

But Clr. Jimmy McGarry, who raised the issue, claimed there was no other choice but to have this resolved through the courts because of a motion passed by the council in December 2008.

Clr. McGarry, in a Notice of Motion on the agenda of the March monthly meeting of the council, asked that the council be given an up to date report on the High Court case over alleged rights of way at the Lissadell Estate.

His motion also asked if the courts had indicated that this case would run for six to eight weeks and, if so, if the County Manager could now firmly indicate to the council the estimated costs incurred by the council in defence of the action.

Clr. McGarry told the meeting that as publicly elected councillors, they had a duty to those they represented to ensure that the council expended funds wisely and appropriately.

He added: "Unfortunately, this winter the country experienced a severe cold snap. People had to deal with icy roads and burst water pipes. Also, the country was in a period of recession. Against this background, the public was more anxious than ever to see that public monies were not squandered but used for the good of the people of County Sligo."

Clr. McGarry said the Lissadell High Court began on January 19th and the costs associated with High Court cases were well documented.

He went on to ask the county manager the estimated spend on this case, including expenses such as accommodation fees for members of the council executive and if the council's legal counsel had indicated the length of time it would take before this case concluded.

Clr. McGarry also asked if the county manager had given any thought to where the money would be found to pay the debt the council would possibly incur.

In response, Council Senior Executive Officer Joe Murphy said the current position was that hearing of the case resumed on January 19th. Counsel for the plaintiffs and Sligo County Council had indicated to the court that they were of the view that the case would last about six weeks.

Mr. Murphy said it was difficult to give any accurate estimate of the costs incurred by the council because much would depend on how long the case ran and its outcome.

"It is the nature of proceedings such as this that the level of costs will only be accurately determined after the case is finalised," Mr. Murphy concluded.

Clr. Declan Bree asked if transcripts of the case were available for the elected councillors.

Mr. Murphy: "I will check with our legal advisers to see what the situation is."

Clr. McGarry proposed that the transcripts be made available. Clr. Bree seconded.

County Manager Hubert Kearns pointed out to the council meeting that the council was defending this case.

"This action is taken by the Walsh/Cassidy family," he said, adding that the council took every effort to have mediation in this case but "our efforts were rebuffed."