McKinney family lose appeal in rights-of-way battle at Oatfield site

June 27, 2017

The McKinney family, who founded Oatfield Sweets in 1930, have lost an appeal over whether there were rights-of-way at the former Oatfield Factory in Letterkenny.

Yesterday, Mr Justice Gerard Hogan, on behalf of a three-judge Court of Appeal, dismissed the case.

The case was taken when, in 2015, the High Court ruled that the estate of Ruth McKinney, who was the daughter of Ira McKinney, the founder of the famous confectioners, had no right-of-way entitlement.

It was claimed in the High Court that, as a result of the assertion of rights-of-way, Zopitar, a company owned by Donegal Creameries, which bought the property from the McKinneys, missed out on an opportunity to sell the premises to supermarket chain Lidl for €1.9m.

The Irish Examiner reports that Ms McKinney offered to extinguish the alleged rights-of-way if work was carried out on her own home, Oatfield Bungalow, next to the factory, along with the payment of €500,000.

It was claimed that Ms McKinney used an entrance from the De Valera Road as a right-of-way for access to Oatfield Bungalow, including for oil deliveries.

Mr Justice Hogan said he was of the view that the use of the access roads to the factory by Ms McKinney was at all times given to her and her family for a specific amount of time and could be revoked by the owner.


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