Owners say former Dublin record shop is illegally occupied

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Tim Healy

The owner of a four-storey building in Dublin has launched High Court proceedings against what it claims are up to 12 people unlawfully trespassing on the property.

Sumberry Limited has brought proceedings against Stephen Bedford and persons unknown who are alleged to be trespassing the property, which had formerly been a music shop, known as West End House, 134 James Street in the city.

The company says it bought the building in 2021 for €800,000, and last year it secured planning permission to develop it into 11 apartments.

However it claims that the property, which had previously been unoccupied and boarded up, has been occupied by several unknown parties since sometime last January.

It is claimed that Mr Bedford was seen attending at the property on several occasions, but it is not known for certain if he is residing at the property.

Neither Mr Bedford nor any of the other persons alleged to be trespassing or occupying the property have any permission or lawful reason to be present at the building and have refused to leave, the plaintiff claims.

The building is not suitable for residential accommodation and, Sunberry says, it has health and safety concerns for those currently in occupation.

It claims that it is currently unable to access the property, which was not previously used for residential purposes and may not have a working fire alarm system in place.

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Represented by David Geoghegan Bl, and instructed by solicitor Gartlan Furey, Sunberry seeks various orders from the court including an injunction restraining the defendants from continuing to occupy the property.

It also seeks orders restraining the defendants from preventing the owners from accessing the building and that the defendants vacate and cease trespassing at the property.

Counsel said that while his client does not know the names of the majority of the people in the property, it had been alleged in other proceedings that recently came before the High Court that Mr Bedford was one of several individuals who were unlawfully trespassing at a property on Haddington Road in Dublin 4.

That action was struck out by the High Court last week after those alleged to be on that property left after proceedings were initiated against them, counsel said.

The matter came before Mr Justice Mark Sanfey on Tuesday.

The judge granted the plaintiff permission to serve short notice of the injunction application on the defendants.

The matter will return before the court next week.