A COUPLE WHO sued Laois Co Council over flood damage to their home have settled their High Court action against the local authority.
Chris Mahon and his wife Shelia had brought proceedings arising out of flood damage to their family home at Clonaheen, Mountmellick, Co Laois that occurred in August 2008 and in November 2014.
The Mahons claimed the council were negligent in the matter in which they allowed works to be carried out on a culvert, located underneath the road beside their home. These works they claimed resulted in the flooding of their property.
The council denied the claims.
Following talks between the parties today, John Hayden Bl for the Mahons told Justice Paul McDermott that the proceedings had been compromised and could be struck out.
Counsel said it had been agreed that the council will carry out flood relief works in the area near the Mahon’s home within 12 weeks.
No other details of the settlement were given in open court. Michael Counihan SC for the Council said the alleviation works will be done by the council on a “voluntary” basis.
Justice McDermott welcomed the settlement, particularly that steps are to be taken to prevent another flood at the Mahon’s home. The Judge had described Mahon’s account of the floods as “an appalling story.”
Giving evidence on the opening day of the action, Mahon had described how he had been left “destroyed” after the family’s house and property was devastated by the two floods.
The Mahon’s claimed the flooding was caused after a new culvert was laid by the Council in 2007. They claimed they never had any problems with flooding before those works were done.
In their action the Mahon’s claimed the council were negligent in the manner in which those works were carried out. They claimed part of the culvert, installed so there would a continuous flow of water in a stream near their home, collapsed and became backed up.
This resulted in the stream overflowing and their home and property was twice extensively damaged by water flowing across their yard, driveway and into their home.
The culvert they alleged was constructed in a defective manner, and that the council failed to take any remedial steps to repair the defects. They sought damages and an order requiring the council to carry out works to prevent further flooding.
The council claimed the flooding was caused by intense rainfall of record proportions and not by any problem with the culvert.
It also alleged the Mahon’s contributed to the flooding on grounds including that when they constructed a new entrance to their property and removed a clay embankment that had protected the property from flooding.
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