Edwin McGreal
THE ongoing dispute over rates between hotelier Pat Jennings of the TF Hotel and Theatre in Castlebar and the local town council could go to the High Court before it is resolved.
That was the position set forward by Rory O’Connor, solicitor for Mr Jennings of Diorama Ltd, at Castlebar District Court last week.
The dispute centres on rates charged to Mr Jennings, proprietor of the landmark TF Hotel and Theatre, for 2008, which he has appealed to the courts.
His solicitor, Mr O’Connor, argued that because the theatre - which he described as the ‘main moneymaker’ of the business - was closed for a large part of 2008 - he was entitled to a considerable rebate of rates for that year.
The total rates Diorama were liable for in ‘08 were €94,434. The town council did calculate a reduction - which amounted to €23,281. However Mr O’Connor said that this didn’t go far enough to cover periods when parts of the premises were out of action - for the rebuilding of the theatre and also due to a fire which caused significant damage to the kitchen and bedrooms in the hotel.
But Ward McEllin, solicitor for Castlebar Town Council, said it was purely at the discretion of the council how much of a rebate should be made.
“The rate has been struck and a voluntary discount was allowed because of the circumstances the ratepayer found himself in,” Mr McEllin told the court, to which Mr O’Connor replied: “am I being told that a citizen has no right to appeal a rate once it is struck?”
There ensued legal argument with Judge Mary Devins and both sides over whether she had discretion over the amount that was due, or that she could only order that the full amount be paid. Mr O’Connor told the court that he may be forced to bring it to the High Court, if the judge was unable to deal with the issue, although he did add that it would be preferable to deal with it at district court level.
Judge Devins pointed out that she could make an order for the total amount but that if Mr Jennings refused to pay it, there was little she could do as the law stood.
She therefore adjourned the matter until the Civil sitting on July 22 for further consideration.
