A High Court challenge has been set in motion by Irish Cement, opposing an order allowing the compulsory purchase of its Co Limerick lands to expand the harbour facilities at Foynes.

The compulsory purchase order (CPO) covering 37.5ha of Irish Cement’s property was granted to Shannon Foynes Port Company in March.

Denis McDonald, counsel for Irish Cement, has said that An Bord Pleanála did not properly assess his client's constitutional property rights when reaching the decision to grant the CPO. Mr McDonald said the land has been designated as storage for two port company schemes to expand the harbour. Planning permission has been secured for one of these schemes.

A stay has been placed on the port company, restricting them from acting on the order until the matter has been resolved. The case is due to come before the court next month.