Judge Mary Devins has said she was satisfied that dogs which were allegedly being bred as part of a business, were indeed causing a nuisance to nearby neighbours of a rural property at Tubbernavine, Lahardane.
Speaking in Ballina District Court last week, the Judge said she believed that the dogs at the property of Ms Kathleen Killeen were not simply pets of hers, or pets of her daughter’s boyfriend Mr David McElligott of 75 Rathmeel Lawns, Ballina. Mr McElligott was joined as a respondent to the application as he was deemed to be operating a dog breeding business on part of the property at Tubbernavine.
Judge Devins went on to say she was satisfied that their was a distinct financial aspect to the breeding of German Shepherds at the property.
Exercising jurisdiction, Judge Devins ruled that no more than two dogs (including puppies) were to be on Ms Killeen’s property at all times. The ruling will take effect six weeks from the date of ruling to give Ms Killeen time to move the other dogs from her property.
Judge Devins added that when the two dogs are left on the property, the owner and occupier must exercise ‘proper control over them’. The ruling is set to last for a two year period.
On January 15 last, at Ballina District Court, five complainants put forward an application under the Control of Dogs Act in relation to the alleged dog breeding business.
The court was told that although the property in question was located in a rural area, the property was in a 40 to 50 meter proximity of houses, where a number of children under the age of ten are living.
Mr O’Connor asked Judge Devins to grant costs to his clients. However, Judge Devins made no order on costs, commenting that ‘McElligot should be morally responsible for costs’, as he was operating the business.
