The Irish Times

A challenge to Dublin City Council's compulsory purchase order for the old Carlton Cinema site in Dublin's O'Connell Street was turned down by the High Court yesterday. The decision could mean the early development of the site, which has been at the centre of litigation for some years, although it remains to be seen if yesterday's decision will be appealed. The challenge to the CPO was brought by Paul Clinton, an architect and member of the Carlton Group, which had secured planning permission to develop the site in late 1999. In December 2001 Dublin City Council made the CPO and it was confirmed by An Bord Pleanála in January 2003. The High Court action was heard over three weeks ending in March 2004, and judgment was reserved. Mr Clinton, of Gate Lodge, Ranelagh, Dublin, claimed the CPO breached his constitutional right to property and was made without the council identifying ways to develop the site. He said the Carlton Group was never given a proper opportunity to progress its proposed development.