{"id":1277301,"date":"2024-04-15T19:30:05","date_gmt":"2024-04-15T18:30:05","guid":{"rendered":"https:\/\/www.agriland.ie\/?p=1277301"},"modified":"2024-04-15T19:30:27","modified_gmt":"2024-04-15T18:30:27","slug":"judge-rules-on-case-over-lands-in-donegal-inherited-by-a-nephew","status":"publish","type":"post","link":"https:\/\/lightsail.agriland.ie\/farming-news\/judge-rules-on-case-over-lands-in-donegal-inherited-by-a-nephew\/","title":{"rendered":"Judge rules on case over lands in Donegal inherited by a nephew"},"content":{"rendered":"\n
A High Court judge has ruled on a case in which it was claimed that lands in Donegal were “illegally designated” as a candidate special area of conservation (cSAC).<\/p>\n\n\n\n
Harry McHugh (plaintiff), who inherited the lands from his uncle, had taken the proceedings against the Minister for the Environment, Heritage and Local Government (defendant).<\/p>\n\n\n\n
McHugh’s case revolves around lands – of which he was the beneficial owner and is now the legal owner, at Cashelgolan, Port Noo in Co. Donegal – that he said were illegally designated as a candidate special area of conservation.<\/p>\n\n\n\n
Prior to 1997, the lands were owned by the McHugh’s uncle, Peter McHugh. He died in 2002 and thereafter Harry McHugh became his executor and beneficiary and in due course, legal owner of the lands in Donegal.<\/p>\n\n\n\n
McHugh sought to have declarations that the designation of the lands “was null and void” on the basis that the Minister for the Environment “unlawfully transposed certain EU Directives and Regulations into Irish law”. <\/p>\n\n\n\n
McHugh also sought compensation for the “depravation of the use and benefits of the lands”.<\/p>\n\n\n\n