Posted by AL on December 20, 2006, 23:04:16 Neutral Citation: [2005] IEHC 420 Date of Delivery: 25/11/2005 Court: High Court Composition of Court: Dunne J. Judgment by: Dunne J. Status of Judgment: Approved Neutral Citation Number: [2005] IEHC 420 BETWEEN
85.134.175.233
Judgment Title: Grimes v Cork County Council
High Court Record Number: 2005 287JR
THE HIGH COURT
JUDICIAL REVIEW
[2005 No. 287 J.R.]
MICHAEL GRIMES
APPLICANT
AND
CORK COUNTY COUNCIL
RESPONDENTS JUDGMENT delivered by Ms. Justice Dunne on the 25th day of November, 2005
The applicant in this case seeks judicial review by way of an order of certiorari quashing a decision made by Cork County Council on or about 9th March 2005 to confiscate, acquire or otherwise take ownership or control of and its decision thereafter to cause to be destroyed two motor vehicles, Leyland National NK1, F8 LH 540 (SNG 378) and Aer Lingus vehicle SNG 409, both the property of the applicant herein together with damages and ancillary relief. The grounds relied on are as follows:
1. That the said Cork County Council, acted unreasonably, unlawfully, and without any proper authority and contrary to the constitutional rights of Michael Grimes and contrary to law and natural justice in the making of the said orders, the confiscation and destruction of the said vehicles.
2. That the council was aware they were museum buses and privately owned.
3. That no authority of the court was obtained for any such action.
The applicant swore a grounding affidavit setting out the matters relied on by him in an affidavit sworn on 16th March, 2005.
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