WEXFORD MAN Jim Breen will have his case heard in the European Court of Human Rights, as he seeks to have court decisions confirming the HSE as sole owners of two acres of land at Grogan's Road overturned.

Mr. Breen, from Devereux Villas, said he has received word from the European Court of Human Rights in Strasbourg that they will hear his case.

The Wexford man, whose well-known family have kept horses for generations, claims that he has grazing rights to the land adjoining the HSE clinic at Grogan's Road, in an area known locally as Harvey's Field.

However, now that the High Court has ruled on that matter, Mr. Breen said that his case is now against the State, with 'Breen versus Ireland' contained on the documentation he has received from Strasbourg.

The High Court Judgement, delivered by Justice Declan Budd last year, was made in relation to an appeal by Mr. Breen – whose claim of adverse possession had previously been ruled against at Circuit Court level.

The HSE had already been the registered owners of the property with the Land Registry and the High Court made it clear to Mr. Breen that he is permanently enjoined or restrained from doing anything whatsoever on the property.

Costs of the Circuit and High Court were also awarded against Mr. Breen. Justice Budd said his decision was the end of the matter and pointed out that there is no appeal from a decision of the High Court on Circuit.

As he could appeal to the Supreme Court Mr Breen applied to have his case heard at the European Court of Human Rights.

Mr Breen pointed out that very few cases from individuals are accepted by the court. He said that 'Breen versus Ireland' will take place mainly by correspondence, but he might also be required to attend the Strasbourg court in person.

The Wexford man, who failed to be elected to the town's Borough Council this year, said he made the case to the European Court of Human Rights himself, but now that it has been accepted he will seek legal advice.

- Conor CULLEN