The ongoing dispute over the waste water treatment plant and disposal pipe in Moville is now in the High Court as campaigners seek a judicial review of a decision to give it the go-ahead.
But the completely separate issue on the compulsory purchase of Dan McGuinness’s land on the peninsula has been banned from discussion by elected councillors at the Inishowen Electoral Area meeting next Tuesday.
Sinn Fein councillor Jack Murray – who supports the campaigners – has been warned that he cannot discuss the issue because he has been told it is sub judice – in other words prejudicial to the High Court case which is heard before a judge.
But Mr McGuinness disagrees – and is furious at the decision.
He also claims the authorities are ignoring the fact that the foreshore of Lough Foyle is owned by the UK.
“The item specifically to be included on the agenda for next Tuesday’s Inishowen Electoral Area Committe meeting is ‘Greencastle/Moville Sewage Outfall compulsory purchase order,” Mr McGuinness.
“There were two separate applications made by Donegal County Council, one for the WWTP and separately, one for CPOs, ref 05XA0002, for the acquisition of lands needed.
“These were determined separately under their separate reference numbers. The WWTP approval was judicially reviewed on 6th October 2011. The CPO confirmed by on 12th August 2011, was not judicially reviewed and neither was it referred to in the pleadings supporting the Judicial Review Application. As things currently stand, the Compulsory Purchase Application is not under legal challenge.
“In these factual circumstances, Donegal County Council cannot apply the Sub Judice rule as it is clear that no element of that order is currently before the court.”
He said he is seeking legal advice on what he claims is a denial of his democratic rights and has written to local politicians urging them to do the same – and discuss the issue.
Cllr Murray, who wants to discuss the issue, was unavailable for comment.
Meanwhile the UK claim on land on the Donegal side of Lough Foyle up to the high water mark remains a bitter part of the dispute.
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