THREE LANDOWNERS have claimed before the High Court that CIÉ has wrongly removed their right to use a level crossing on the Dublin/Wexford rail line to access farmland.
Greg Kavanagh, Fred Daly and Thomas Godkin claim that about 60 acres of land owned by them at Ballyraine, Arklow, Co Wicklow, cannot be accessed because CIÉ has put a locked gate across the traditional level crossing, which they claim is a right of way enjoyed by themselves and their predecessors for generations.
The three successors to the Flight family, who owned the land for decades, are seeking declarations they have a right-of-way over the crossing. They want an injunction preventing CIÉ from obstructing the level crossing and an order compelling CIÉ to restore or upgrade it in line with standards at other such crossings. They are also seeking damages. As a result of CIÉ's actions, they say they are unable to use their land for grazing or sowing crops.
CIÉ denies saying the three men are not entitled to use the level crossing or obstructing them, but argues that use of the crossing is limited to farming activities.
The land, which lies between the rail line and the Avoca River, had been accessed by the level crossing since the railway was built in the 1860s. To facilitate the building of the Arklow bypass, the Flight family agreed to allow the builders to use some of their land.
There was also an agreement, between the builders, CIÉ and Wicklow County Council that the level crossing could be used for the construction work.
The case, before Ms Justice Mary Laffoy, continues.
