Galway Bay fm newsroom - A primary school in the city has secured an injunction against a local business over the operation of an out-of-hours car park on the school’s playground.
St Patrick’s School at Lombard Street had sought the injunction requiring Eoghan O’Neachtain Ltd to deliver up vacant possession of the playground to the school and remove any of the company’s belongings on the site.
According to the Times Online the school’s board of management claimed the defendant company had refused to vacate the playground and that it has asserted it has a lease on the site.
The school, which has 200 pupils and whose patron is the Bishop of Galway, says it has never entered into a lease agreement with anyone in respect of the playground.
Barrister Michael O’Connor Bl, instructed by Owen Swaine Solicitors, for the school, said it had a licence arrangement rather than a lease
The court the licence, which was renewed annually since 1999, had expired at the end of January.
Granting the injunction, Mr Justice Tony Hunt said he was satisfied that the defendant’s right to occupy the premises by agreement had expired and any continuing or future right to operate on the school’s property was contingent on the defendant establishing that the previous agreement created a tenancy.
