Council Knew No Lissadell Rights of Way in 1950s.
The Sligo County Manager accepted in March 1954 that that there were no public rights of way inside the Lissadell Estate. That was one of the key determinations made by the Supreme Court last November when it unanimously ruled against Sligo County Council.
Clearest of Terms
The point that there was no dedication of public rights of way at Lissadell was conveyed, said the Supreme Court, "in the clearest of terms" to the County Council in 1954. (cf par 236). Details of the correspondence -- not previously published -- were described by the Supreme Court in its judgement on November 11th last. The Council was told in writing in February 1954 that -- before it could do work on behalf of Bord Failite -- a stipulation was that "the gate at the Crushmore entrance be closed on one day a year to protect the private nature of the avenues...."
The stipulation in February 1954 was made by the General Solicitor writing of behalf of the President of the High Court, representing the interests of a Ward of Court. The High Court then was acting for Sir Michael Gore-Booth, who had been a Ward of Court from 1944. (The estate was not sold out of wardship until 1982). Sir Michael was "legally incapable of forming an intention to dedicate," noted the Supreme Court in a separate part of its judgement last November in favour of the owners of Lissadell. But it was correspondence flagged up by those owners of Lissadell, Constance Cassidy and Edward Walsh, in their appeal which further laid threadbare Sligo County Council's claims of public rights of way.
Gate Lodge
Said the Supreme Court: "The appellants refer to a number of indications that successive Presidents of the High Court had expressed opposition to the dedication of public rights of way." The Supreme Court then detailed how, in 1954, the General Solicitor, writing on behalf of the President of the High Court, gave permission to Sligo County Council to act as agent for An Bord Fáilte in repairs to the Crushmore Avenue -- from the then gate lodge to what is now the Coillte Car Park. "The General Solicitor also indicated his intention that the gate at the Crushmore entrance be closed on one day a year to protect the private nature of the avenues.
Access to Seashore
Said the Supreme Court: "The General Solicitor’s letter of the 26th February, 1954, contains the following statement: 'The matter was submitted by me to the President of the High Court for his directions. 'He instructs me to say that there is no objection to the work being carried out provided that the County Council accept that the carrying out of the work will not give the County Council or the public any right to claim the avenue as a public road or a public right of way. 'I am instructed however to say that it is intended to permit until further notice access to the sea shore as hitherto, but that the gate will be closed on one day per year so as to maintain the private nature of the avenue.'
Added the Supreme Court: "Bord Fáilte wrote to the County Council agreeing to these terms for carrying out the work. The County Manager, in a letter of 5th March, 1954, referring to the General Solicitor’s letter, expressed the intention of going ahead with the work. The Supreme Court noted that when Mr Justice McMahon ruled in favour of Sligo County Council in the High Court in 2010 (he) ".....suggested this letter, 'strictly construed, may not amount to an acceptance of the President’s conditions…,' adding that there was no evidence that the gate was subsequently closed on one day a year....' Said the Supreme Court last November: "It is difficult, however, to read the (County) Manager’s letter otherwise than as acceptance of conditions which he knew to have been laid down by the President of the High Court.
The Supreme Court ruling further noted:-
- *** The Council was not taking the road in charge;
- ***The Council was not performing its statutory function of repairing public roads;
- *** It was agreeing to carry out work as agent of An Bord Fáilte.
Real Significance
Said the Supreme Court: "The real point, however, and real significance of the letter is that the President (of the High Court in 1954) had conveyed and was known to have conveyed, in the clearest terms, that he was not agreeing to the dedication of public rights of way over the avenues in Lissadell. The Supreme Court by 5-0 dismissed Sligo County Council claims of a public right of way. The judgement last November was handed down by Mr Justice Fennelly, Mr Justice McKechnie and Mr Mr Justice McMenamin.
The composition of the Court also included Chief Justice Ms Susan Denham and former Chief Justice Mr John Murray. The Supreme Court case had been taken on appeal by the owners of Lissadell, Edward Walsh and Constance Cassidy against Sligo County Council.
Legally Incapable
The Supreme Court judgement also dealt in considerable detail with claims that rights of a might have existed since the 1950s. It noted that Sir Michael Gore-Booth was a Ward of Court from 1944 and the estate was sold out of wardship in 1982. Sir Michael was "legally incapable of forming an intention to dedicate," noted the Supreme Court. It continued: "His affairs were in the hands of the President of the High Court.
"In the words of (Mr Justice) Hamilton 'in the exercise of this jurisdiction the court's prime and paramount consideration must be the best interests of the ward.'" Said the Supreme Court: "It must, consequently, be presumed that the President (of the High Court) would not act against the interests of the Ward by dedicating to the public extensive rights of way over large parts of the estate." (cf par 228).
