A windfarm company has sought a fast-track court hearing in a bid to ensure it can connect to the national grid.
Derrysallagh Windfarm Ltd (DWL) told the Commercial Court it has to hook up to the grid by December next year and it fears threatened litigation by a farmer over the running of cables under a public road near his lands could cause delays.
The grid connection works between the windfarm, commorising 12 wind turbines, at Knockroe, Derrysallagh, Co Sligo and a substation in Garvaghy, Co Leitrim, involves placing cable under existing public road through various townlands including the lands of Thomas Lavin of Derreenavoggy, Arigna, Carrick on Shannon, Co Roscommon, the company said.
DWL is seeking a declaration that Mr Lavin, who it said has threatened litigation, has no right or title in the lands under the public road such as would disentitle the windfarm from carrying out grid connection works.
On Monday, Mr Justice Robnert Haugton admitted the case to the fast track Commerical Court list and returned it to October.
In an affidavit, DWL project manager Denis Calnan said, if the grid connection works are not completed, the company will have incurred more than €50m capital expenditure without any return.
Mr Lavin owns lands adjoining the route of the grid connection of the windfarm and claims to own land underneath the public road where the windfarm laid ducting to the grid connection between November 2016 and May 2017, he said.
The windfarm company intends to recommence the grid connection works once final planning consents are obtained and those grid connection works must be complete by late 2019, he said.
He said Mr Lavin is refusing to withdraw his threat to institute proceedings in respect of his alleged entitlement and DWL wished the issues to be determined as soon as possible.
The windfarm was granted planning permission in April 2013 and a later appeal over the development was withdrawn, he said.
The court heard Mr Lavin objected to the admission of the case to the Commercial Court list.
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