Case of Scartaglin shed described as Taj Mahal adjourned for draft compromise

A long-running court case centred on a shed in East Kerry, described by a judge as the Taj Mahal, has been adjourned until next month to allow time for a draft compromise to be submitted to the court.

The action was taken by Maurice and Eileen Browne against Mr Browne’s brother and neighbour Jerome Browne of Scartaglin.

Tralee Circuit Court previously heard planning permission was granted for the agricultural shed by Kerry County Council in 2012 but what had been built was fifty percent higher and twice the footprint of what was granted.

In 2015, Judge Tom O’Donnell granted an injunction that no further work take place.

This week the case returned before the judge with both parties seeking clarification if the injunction was still valid as Jerome Browne had secured planning permission for the shed from An Bord Pleanala.

Judge O’Donnell said it was a legal conundrum, the case could take years and there was no light at the end of the litigation tunnel.

Counsel for Kerry County Council Tom Rice said the local authority wanted to be shut of the case as there was nothing left to enforce; he said the council was already paying a portion of the legal costs in the case.

Mr Rice said this is essentially a family dispute; both parties, Mr Rice said, claim to have a lack of resources but have an appetite for litigation.

Consultation then took place between the parties; an application to adjourn the matter was granted by Judge Tom O’Donnell who also granted liberty for the parties to hand in a draft compromise.

The case will return to court on February 12th.