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    Pat Kenny Court Case



    Havent seen any threads on this ?


    Has there been a decision ?


    "I've got lots of potatos that need peeling and manure that needs shovelling" -M. Burns :_skull__rvmp_by_bad

    #2
    Not allowed discuss on going cases on this site apparently.

    Comment


      #3
      The Horticulturists are doing a survey of the disputed land, case to be heard again in March or so. afaik

      Comment


        #4
        what case.... what am i missing....

        don't make me go outside of munsterfans for my info.............!!![img]smileys/biggrin.gif[/img]

        He was as lame as a duck. Not the metaphorical lame duck either, but a real duck that was actually lame. Maybe from stepping on a land mine or something.

        Comment


          #5


          Originally posted by epaddy
          Not allowed discuss on going cases on this site apparently.

          Not a discussion - it is a closed question !


          Answer yes or no.


          Judging by the response it is still ongoing.....
          "I've got lots of potatos that need peeling and manure that needs shovelling" -M. Burns :_skull__rvmp_by_bad

          Comment


            #6
            <h1>Horticulturalists to examine disputed land in Kenny case</h1>
            <div id="articleRelated">
            <div ="articleTools wrapper">

            <h2>Tools</h2></div>
            </div>


            By Tim Healy

            Tuesday December 11 2007

            <div ="">





            TWO horticulturalists are to
            examine a disputed piece of land adjoining broadcaster Pat Kenny's home
            in Dalkey on December 14 next, the High Court was told yesterday.


            The
            land is known as Gorse Hill and the dispute is between Pat and Cathy
            Kenny and their next door neighbours Gerard Charlton (72) and his wife
            Maeve.

            An inspection of the land is to be undertaken by
            horticulturalists employed by the Charltons, the High Court heard
            previously. The Charltons claim to be the legal owners of the rocky
            outcrop over which the ownership dispute is being waged.

            The
            Kennys contest the Charltons' title and claim any title the Charltons
            may have had to the property has been extinguished by adverse
            possession (squatters rights).

            Mr Charlton, a retired solicitor
            of Maple Trees House, Harbour Road, Dalkey, rejected the Kennys' claim
            that they have squatters rights to the property which can apply where a
            property has been abandoned for 12 or more years.

            The RTE star
            is claiming he locked the property from public access 16 years ago and
            that it has been inaccessible since then except by scaling a cliff.

            Mr
            Lyndon MacCann SC, for the Kennys, asked that a date for the hearing of
            the case be set next April rather than next March because the Kennys'
            eldest daughter is sitting mock junior cert exams in mid-to-late
            February.

            Mr Justice Frank Clarke said he would be anxious to
            issue orders in full concerning case management next week and the case
            will then be put in for mention on January 28 next.- Tim Healy
            </div>

            Comment


              #7

              Originally posted by RobbieG
              <div>


              Mr
              Lyndon MacCann SC, for the Kennys, asked that a date for the hearing of
              the case be set next April rather than next March because the Kennys'
              eldest daughter is sitting mock junior cert exams in mid-to-late
              February.
              this beggars belief! Even if it was the actual Junior Cert, there's no way it should be used as an excuse to delay the hearing. But it's the mocks for crying out loud ... [img]smileys/rolleyes.gif[/img]
              </div>

              Comment


                #8
                Originally posted by beir bua
                Originally posted by RobbieG
                <DIV>



                Mr Lyndon MacCann SC, for the Kennys, asked that a date for the hearing of the case be set next April rather than next March because the Kennys' eldest daughter is sitting mock junior cert exams in mid-to-late February.
                this beggars belief! Even if it was the actual Junior Cert, there's no way it should be used as an excuse to delay the hearing. But it's the mocks for crying out loud ... [img]smileys/rolleyes.gif[/img]
                </DIV>


                No thats OK she can write an essay on how some people are land crabbing gits.
                Is it only a game?
                And its Thomond Park NOT Thomond

                Comment


                  #9
                  Originally posted by beir bua
                  Originally posted by RobbieG
                  <DIV>



                  Mr Lyndon MacCann SC, for the Kennys, asked that a date for the hearing of the case be set next April rather than next March because the Kennys' eldest daughter is sitting mock junior cert exams in mid-to-late February.
                  this beggars belief! Even if it was the actual Junior Cert, there's no way it should be used as an excuse to delay the hearing. But it's the mocks for crying out loud ... [img]smileys/rolleyes.gif[/img]
                  </DIV>


                  Could they not go ahead with a mock trial.





                  Coat,cap,clips...........
                  The early bird catches the worm but it's the second mouse that gets the cheese.

                  Comment


                    #10

                    Wednesday April 02 2008

                    <div =" font-null">





                    They had taken RTE star
                    Pat Kenny and wife Kathy into the bosom of their family, embracing them
                    as neighbours in the coastal, monied environs of Dalkey in south Dublin.


                    The
                    Kennys had become good friends with Gerry and Maeve Charlton, enjoying
                    the stunning clifftop sea views from their respective homes.

                    Now
                    that warm friendship was in tatters over a "terrible betrayal" by the
                    Kennys in claiming ownership of a strip of land which the Charltons say
                    has always been theirs.

                    The Charltons had been looking forward to
                    a golden retirement at their quaintly titled Maple Trees House, but
                    found themselves trapped inside a nightmare.

                    Valuable

                    Friends
                    no longer, both sides are locked in a legal battle over the valuable
                    land known as Gorse Hill which adjoins their properties and could be
                    worth up to €10m.

                    "They (the Kennys) had been regarded as great
                    friends," Eoghan Fitzsimons, counsel for the Charltons, told the High
                    Court yesterday.

                    "They were brought into the bosom of the Charlton family.

                    "Now there is a sense of shock and terrible betrayal that the defendants are seeking to take from them land that is not theirs.

                    "The
                    case has accentuated the shock. My clients, who are not in good health,
                    want closure on this affair which is causing them great distress."

                    Mr
                    Charlton claims Gorse Hill is his but Mr Kenny says he acquired title
                    to the land - which runs the length of his home - as a result of
                    adverse possession, or squatter's rights.

                    The Charltons, both 74,
                    sat in court yesterday as Mr Fitzsimons outlined how the dispute had
                    turned neighbour against neighbour.

                    Mr Charlton might be well
                    enough to be a director of four property companies but the High Court
                    heard the former solicitor was suffering from heart trouble and
                    desperately wanted to end the row.

                    The Kennys are seeking to have
                    the action struck out, claiming the Charltons held back vital aerial
                    photographs of the site which were pertinent to the Kennys' case.

                    Brian
                    O'Moore, counsel for Mr Kenny, claimed Mr Charlton had instructed
                    lawyers not to disclose the pictures so he could "score a tactical
                    advantage" in legal proceedings.

                    The instruction had apparently
                    led to "a humdinger" of a row with lawyer Lorna McAuliffe, who works
                    for Reddy Charlton McKnight, the firm founded by Mr Charlton.

                    Mr
                    Fitzsimons was having none of it, insisting the pre-trial motion being
                    heard was nothing more than a cynical device by the Kennys to stop the
                    action proceeding at all.

                    Bruising

                    They were strong words
                    from the veteran barrister - and all this before any trial has even
                    begun. But there was plenty said in the High Court to show this action
                    will be emotionally bruising for both sides.

                    Mr Charlton, dressed
                    in a grey suit, white shirt and silver tie, had arrived well before
                    10.30am and sat impassively at the back as the legal argument went to
                    and fro.

                    His wife Maeve joined him later, along with other
                    family members and, as the afternoon wore on, it became clear that
                    Kenny would not be putting in a personal appearance - yet.

                    Long periods of the afternoon were consumed in legal argument and case law as both sides pleaded to the judge.

                    But
                    it was not all tedious detail, there was a human cost too. Mr
                    Charlton's heart trouble meant he had to take medicine four times daily.

                    Mrs
                    Charlton was also unwell and the land claim by the Kennys had put a
                    "serious cloud" over the Charlton's retirement, said Mr Fitzsimons.

                    Mr
                    O'Moore said yesterday's motion was simply laying out what he called
                    "misconduct" over the attempt to hold onto the photographs.

                    The
                    Kennys, he insisted, "want the case to go on" but only with the full
                    disclosure by the Charltons of all documents and photographs.

                    Mr Justice Frank Clarke will ru

                    Comment


                      #11

                      <h1>'Kenny ran at me with fists raised'</h1>


                      Court hears how TV star and retired solicitor fell out over strip of land
                      <div style="width: 294px; margin-left: 10px;">
                      </div>



                      By Tim Healy

                      Wednesday April 09 2008

                      <div>





                      RTE star Pat Kenny ran
                      at his neighbour "with his fists raised" as their dispute over
                      ownership of a strip of land next to their homes intensified, the High
                      Court was told yesterday.


                      The dispute erupted into physical
                      confrontation shortly after the broadcaster voiced fears that there
                      might be attempts to develop properties in what he called "our enclave"
                      in Dalkey, south Co Dublin, it was claimed.

                      Retired solicitor
                      Gerard Charlton (73), who says he is the owner of a 0.2 acre strip of
                      land at the centre of the dispute, said Mr Kenny jostled and barred him
                      from entering the property before running up some steps to bar Mr
                      Charlton "with his fists raised" from entering the property.

                      'Late
                      Late Show' host Kenny, meanwhile, claimed he was assaulted when the
                      gate to the property was banged shut on his (Kenny's) hand after Mr
                      Charlton gained access to the land.

                      The court also heard accusations yesteday that Mr Kenny (60) had made a number of 'outrageous' remarks during the confrontation.

                      The claims came in the opening address on the first day of the hearing of the dispute which is expected to last four weeks.

                      Mr
                      Charlton and his wife Maeve claim they own the property, valued on the
                      market at between €1m and €2m - and more if acquired by Mr Kenny,
                      whose home runs the length of the site.

                      Mr Kenny and his wife
                      Kathy, who were in court yesterday, have counter-claimed and say they
                      are the owners by virtue of adverse possession - or squatters' rights
                      - which they obtained between the period 1991 and 2003. They claim it
                      is part of their garden, which is denied by the Charltons.

                      The
                      court heard yesterday that the Charltons will say Mr Kenny repeatedly
                      asked them over the years to sell Gorse Hill to him, to such an extent
                      that it became "a bit of a joke".

                      Opening the case yesterday,
                      Eoghan Fitzsimons, for the Charltons, said the court would hear
                      evidence that the Charltons bought their home, Maple Tree House, in
                      1971 and as part of that purchase acquired Gorse Hill.

                      The Kennys
                      bought an adjoining property called the Anchorage in 1988 and later
                      built a new house (also called Anchorage) on part of the site.

                      Mr Fitzsimons told the court the Kennys and the Charltons became very good neighbours getting on "like a house on fire".

                      The Kenny and Charlton children also got on well together.

                      Mr
                      Fitzsimons said the events which led up to the dispute began in
                      February 2006 when Mr Kenny and Mr Charlton had a discussion about a
                      bulge which had appeared in the wall between Gorse Hill and the Kenny
                      property. Mr Charlton offered to get his gardener to take a look at it
                      and to pay half the repair costs.

                      Access

                      Mr Kenny had
                      previously installed an electronic pedestrian gate to control access to
                      Gorse Hill and Mr Charlton asked for the code but was never given it
                      and his (Charlton's) apprehensions began to grow, Mr Fitzsimons said.

                      Around
                      this time, one of the other properties adjoining Gorse Hill, called
                      'Yonder', was due to go on the market and Mr Kenny expressed concerns
                      to Mr Charlton that it might be bought by a developer.

                      Three
                      weeks later, in July 2006, still not having got the code, Mr Charlton
                      wrote out a letter in which he asked for the code number again. When he
                      arrived at the Kennys to deliver it, the couple were there and a
                      discussion took place in which Mr Kenny asked what was Charlton's
                      "agenda" in relation to Gorse Hill.

                      Mr Charlton handed the letter to Mr Kenny and then decided to leave.

                      Outside,
                      they continued talking and Mr Charlton made his way towards the steps
                      up to Gorse Hill - at which po

                      Comment


                        #12


                        'Kenny ran at me with fists raised'


                        [img]smileys/lol.gif[/img][img]smileys/lol.gif[/img][img]smileys/lol.gif[/img][img]smileys/lol.gif[/img]


                        I'd love to have seen The Plank at full throttle, what a sight to behold !

                        Comment


                          #13
                          The Plank is 60?!

                          Jebus that makes me feel old.

                          Please support Milford Hospice. Click here to donate.

                          Comment


                            #14
                            His wife must be half his age. And stunning to boot.

                            God help us all. Amazing what money can do. Or get you.

                            It happened, and I was there.
                            4.48pm, Saturday 20th May 2006.
                            What does grease taste like? Is it like chicken?

                            Comment


                              #15
                              hope he walks the plank !

                              Comment

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