18 June 1997
Ballyhaunis golf dispute finally settled
By Tom Shiel
The future of Ballyhaunis Golf Club, described by leading player Christy O'Connor Snr. as having the best nine hole course in Europe, is secure following a historic High Court ruling.
Club members and officials were last night (Tuesday) celebrating a decision by Judge Paul Carney which fixed a yearly rental of £8,250 for the lands and ordered that cattle no longer be allowed graze on the property.
When the Circuit Court fixed a yearly rent of £15,000 for the 68 acre course last Autumn, Trustees said the financial burden was too high and warned that the future of the Club was in jeopardy.
DISBANDED
Earlier this month, the Club, which has some 200 members, held an Extraordinary General Meeting where it was decided that if the Circuit Court ruling was upheld by the High Court, the Club would be disbanded.
Up until now, the owner of the golf course lands, Mrs. Kathleen Flynn, a widow, of Coolnaha South, Aughamore has been receiving £4,125 annual rent plus grazing rights to the "roughs" on the course.
But Judge Carney, while doubling the yearly rent to £8,250 took away the grazing rights from the 75 year old landowner.
The Judge, sitting at Castlebar, said there had been evidence that grazing on the course was causing problems with hoofmarks, cowpats and golfers having to get around strands of electric fencing.
WELCOMED
Judge Carney's ruling was warmly welcomed by Trustees and Officers of the Club which was founded in 1929 with Mr. Tom Dillon -Leetch Snr., as first Captain.
The present Club Secretary, Mr. Tom McNicholas said the decision had implications for other clubs in other "landlord/tenant" arrangements around the country and the case had been followed with great interest.
"It feels like a cloud has bee lifted from over our heads", Mr. McNicholas stated.
He added: "We were shocked by the Circuit Court decision to impose a rent of £15,000. This was way beyond our means. The very future of the Club was threatened".
Mr. McNicholas said he was relieved that cattle would no longer be allowed on the "rough" sections of the course and that the unsightly electric fencing could be got rid of.
In all, 11 Club members attended the two day Court hearing. These included the five Trustees of the Club, Mr. John G. Dillon; Helen Cleary, Tadhg Buckley, John Mooney and Alo Reddington.
HONORARY
The landowner, Mrs. Flynn told Judge Carney she was seeking an increase in rent as she had no other income and might eventually have to go into a private nursing home which would be very costly.
Mrs. Flynn, a former golfer with a handicap of 8, said she had been tutored by Christy O'Connor Snr., is a former member of Ballyhaunis Golf Club and is now an Honorary Member.
She said she had grazing rights on some of the roughs for many years and proposed to continue grazing about 20 animals on the roughs. Mrs. Flynn said she never had any complaints from the Trustees about hoofmarks.
When it was pointed out to her by Henry O. Bourke S.C. (instructed by John Jordan B.L.) that the matter had generated a lot of interest in Ballyhaunis and the surrounding area, Mrs. Flynn said she had not aware of this. Mr. Bourke told Mrs. Flynn the last thing the Court wanted was to have her in court at 75 years of age given her "exalted" position as a Club member and an Honorary member.
In making his ruling, Judge Carney said he wanted to be fair to Mrs. Flynn while taking into account the statutory requirement to protect a local golf club from being decimated by market forces.
