Owners of land earmarked for data centre secure injunction against neighbour

High Court reporters

The owners of land in Co Meath earmarked for a proposed data centre have secured a temporary High Court injunction restraining a neighbour from accessing or placing horses on the property.

The order was secured by siblings Bernard, Lorcan, Nicola and Patrica Ward, who are the owners of a 2.5-acre site known as the Bracetown, Clonee, Co Meath, against Mannix Coyne who lives near the property.

The court heard that the Wards have entered into a commercial agreement, the of which are confidential, to sell the land in question.

The court also heard that the property was the subject of a planning permission by a company called Enginenode Limited for the construction of a data centre, part of which will be built on the 2.5 acre site.

The Wards claim that Mr Coyne, who is opposed to the data centre, had been placing his horses on the plaintiff's lands without their permission and has alleged some sort of proprietary interest on the property.

At the High Court on Tuesday, counsel for the Wards, Stephen Moran BL, said the defendant has no entitlement to the land in question.

Mr Moran said that over the years his client's father, who had previously owned the property, had granted Mr Coyne a series of grazing licenses in respect of the land.

However, the last such agreement expired in 2021, Mr Moran said.

Despite the termination of the grazing arrangement, Mr Moran said it was the Wards' case that Mr Coyne has continued to place his horses on the land.

Despite legal correspondence being exchanged between the parties, the defendant has refused to remove his animals from the land.

Mr Moran said Mr Coyne and of his family had unsuccessfully opposed the application for planning permission for the proposed data centre.

Mr Coyne had also sought to have the grant of permission judicially reviewed by the High Court. That action was rejected by the High Court last year, Mr Moran said.

The Wards say that because of the defendant's alleged actions they are concerned that the commercial arrangement for the sale of the lands may be put at risk, as they are due to hand over vacant possession of the site later this month.

Mr Moran said that "no credible basis has been offered by the defendant to show that he has any propriety claims to the lands."

He said that "every attempt has been made by my clients to engage with the defendant," but none have been able to prevent the necessity for them to come to court.

Mr Moran said that undertakings to remove the horses from the lands had been sought from Mr Coyne.
Unfortunately, none had been forthcoming, he said.

Counsel also agreed with Mr Justice Mark Sanfey that the defendant's actions may well be linked to his opposition to the proposed data centre.

Ruling on the matter, the judge accepted that the application was urgent to the degree that the granting of interim order on an ex-parte basis was justified.

The judge said that he was prepared to grant an temporary order prohibiting Mr Coyne from entering into, accessing or placing his animals on the property.

The court accepted that while it had only heard from one side involved in the dispute, sufficient evidence had been advanced by the plaintiffs to allow the court to grant the injunction.

The judge adjourned the matter to a date later this month.