BROADCASTER Pat Kenny and his neighbour, solicitor Gerard Charlton, have become embroiled in a fresh dispute over access to lands at their homes in Dalkey, south Co Dublin.
The dispute comes just over a year after the two families reached an out of court settlement over a plot of land owned by the Charltons that the Kennys were claiming squatters’ rights to.
The Kennys and Charltons are now in dispute over an access point to their lands at their adjoining properties on Gorse Hill.
The dispute centres on the use of a gate.
The Garda has become involved in the case and a file has been sent to the Director of Public Prosecutions (DPP). However, The Irish Times understands gardaí do not believe any criminal matters arise from the new dispute.
While a file has been sent to the DPP, who deals with criminal cases, gardaí have recommended the dispute be resolved through civil channels. It is unclear if the issue will bring both parties back before the courts or if some form of mediation will take place.
However, informed sources said the positions of both men have become entrenched. When contacted yesterday, Mr Charlton said he could not comment. A spokeswoman for RTÉ radio said Mr Kenny was on leave and that the station would not be contacting him with queries relating to his life outside the station.
In the April 2008 settlement, Mr Kenny agreed to buy a “rocky outcrop” owned by the Charltons. The 0.2 acre piece of land adjoined the Kenny and Charlton family lands was valued at up to €2 million at the time.
Mr Charlton and his wife, Maeve, had first initiated the legal action against Mr Kenny and his wife, Kathy, in 2006. The Charltons claimed they owned the land while the Kennys contended they had established entitlement to it through “squatters’ rights”.
The case went before the High Court in April 2008. A settlement was reached after Ms Justice Maureen Clark urged the parties to resolve their differences.
Mr Kenny said at the time: “The entire episode has been deeply distressing for all of us and more than anything we want to put it behind us.”