An operator of homeless hostels may be able to solve a situation where several people face homelessness if the court orders them to leave a literary landmark Dublin property owned by companies linked to the operator, a judge has said.
Mr Justice Brian Cregan said Seamus ‘Banty’ McEnaney ran homeless hostels and the court was “not going to throw homeless people on the street if another solution can be found”.
“It seems it is within Mr McEnaney’s gift to solve this problem.”
He made the comment after 57-year-old Deirdre Little, one of the occupants of the property, told him she has health issues and “would not survive on the street” if the court ordered the occupants of the property at Usher’s Island, earmarked for apartments, to leave.
Ms Little and some other occupants of the property attended court in response to proceedings by Brimwood Unlimited Company and Clarlan Limited seeking orders against Feargal Deery and “persons unknown” allegedly in occupation of the property.
The property is an 18th century Georgian town house which was home to James Joyce’s maternal great aunts in the 1890s. Their Christmas parties were the inspiration for his short story The Dead and a campaign backed by more than 100 artists, including actor Anjelica Huston and writers Colm Tóibín and Sally Rooney, had urged the building be preserved.
Last year, a group under the name Independent Minds posted notices and the Irish Tricolour in several windows of the property, describing it as “under civil occupation”.
In the High Court on Monday, Ms Little told the judge she was seeking council housing in Dublin and moved into the Usher’s Island property about 13 months ago after seeing an “ad” on her phone looking for “homeless Irish people with health issues”. She moved in because she “would not survive on the street”.
She said she had given up her own Dublin City Council tenancy to look after her elderly mother in Kildare. After her mother died, she failed to get her mother’s council tenancy and lived in a tent for a time.
Ms Little said Mr Deery was “too unwell” to attend but she, her brother and some other occupants were in court. John Carew-Reid, whom the judge said was not in the property since August, was on remote link.
Barrister Ross Gorman, for the companies, said his application was to restrain trespass. Brimwood is the owner and, with its consent, Clarlan got planning permission for an apartment development and wants to start works.
He said squatters later moved in, they were “clearly trespassers” and were called on last June to leave and cease electricity use there, for which his clients are being billed.
The judge noted Mr Carew-Reid has a room in Simon Community accommodation and was not in the Usher’s Island property since August. He has been in court “multiple times” and has unrelated proceedings against 38 parties including a company of Mr McEnaney.
Via remote link, Mr Carew-Reid said he was unwell but had been informed it was “legally impossible” to file legal papers on “unknown persons”. The judge said he was having difficulty understanding Mr Carew-Reid but could hear from him personally when the case is back in court.
The judge said Mr Carew-Reid “at least has somewhere to go to” but the other persons before the court do not.
Adjourning the matter to October 28th, the judge said Dublin City Council should be notified the court requested its attendance then as it may be joined as a notice party to the case.