Lane ownership leads to legal loophole in Limerick

Judge Patricia Harney heard the case at Kilmallock Courthouse.

TENSIONS between two county Limerick business owners over access landed one of them in court last week facing a charge.

David Broderick, who owns BNH Motorcycles and Quads, operating out of Mountmahon Industrial Estate in Abbeyfeale, was brought before the District Court in Kilmallock charged with obstruction after he parked his car in the path of a lorry delivering to a neighbouring garden and tool hire business.

Garda Rob O’Neill told the court that he was called to the industrial estate on May 11 last after Mr Broderick parked his car in front of the lorry delivering supplies to the neighbouring business, owned by Mr Dick Dalton.

When Garda O’Neill asked Mr Broderick to move the car so that the lorry driver could continue on his way, Mr Broderick agreed to move it after an hour.

Garda Inspector Gearoid Thomson told the court that the charge arose because Mr Broderick had caused an obstruction “in a public place”.

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“This is a public place, just as the car park outside a supermarket is,” he told the court.

But the court heard evidence that the laneway in which the delivery lorry was parked was in fact owned by Mr Broderick, albeit, it had been used to access deliveries.

“The charge fails because this laneway is owned by Mr Broderick. This is not a public place, it is private property,” Judge Patricia Harney ruled.