Dunnes Stores Head Seeks to Strike Out Lawsuit Over Property Dispute

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Dunnes Stores Head Seeks to Strike Out Lawsuit Over Property Dispute
Dunnes StoresMargaret HeffernanLawsuit
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Margaret Heffernan, the head of Dunnes Stores, is seeking to have a High Court lawsuit brought against her dismissed. The lawsuit, filed by Derek O’Shaughnessy, alleges that building work related to Dunnes Stores interfered with O’Shaughnessy's property in Blackrock, Co Dublin. O’Shaughnessy claims ownership of the property and alleges various acts of unlawful interference by individuals associated with Dunnes Stores, including the erection of scaffolding, eviction, and the appropriation of land.

Dunnes Stores head, Margaret Heffernan , is seeking to have High Court proceedings brought against her by a man claiming his property has been interfered with by building work struck out. Derek O’Shaughnessy, with an address at the Morning Star Hotel, Dublin , claims he owns the property at Redgate 1 and 2, Annaville Avenue. Last week, he obtained interim High Court orders preventing Ms Heffernan and a number of other defendants from interfering with the property.

He applied for these orders on an “ex parte” basis, meaning only his side of the story was presented to the court that day. The defendants, who were not in court, included Ms Heffernan, Thomas Corcoran of scaffolding firm Blackhorse Scaffolding, Frank Curran, chief executive of Dún Laoghaire Rathdown County Council and five gardaí based at Blackrock and Dundrum Garda stations. Mr O’Shaughnessy alleges that Mr Corcoran unlawfully erected scaffolding around his Annaville Avenue property from June 25th, 2022, to July 21st, 2022, and unlawfully evicted him from his residence with the aid of gardaí. He claims Mr Curran issued a scaffolding licence without verifying ownership claims, leading to alleged activities such as roof removal without planning permission. He further alleges that Ms Heffernan, chief executive of Dunnes, appropriated land historically part of his property to build a car park “possibly without lawful title”. He also claims she allowed the car park surrounding his property to be used for lowering a digger via a crane to facilitate “property destruction”. Mr O’Shaughnessy is seeking €2.5 million in damages, including €2 million punitive damages. He asserts his ownership claims are under the Succession Act 1965, possessory title through long-term occupation and adverse possession. On Thursday, Martin Hayden SC, for Ms Heffernan, told Mr Justice David Nolan his client strongly denied all the allegations and was asking the court to strike out Mr O’Shaughnessy’s case. Mr Justice Nolan granted counsel, who made the application on an ex parte basis, liberty to bring a strike-out application next week

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Dunnes Stores Margaret Heffernan Lawsuit Property Dispute High Court Derek O'shaughnessy Blackrock Dublin Scaffolding Eviction Land Appropriation

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