A horse trough bathtubs cost the taxpayer more than €1m after a court ruled that they were not in use.
The €1.2m payment to the State was made in December this year but was delayed because of a delay in the construction of the €100m Dingle reservoir which is to be the biggest reservoir in the country.
A judge in Dublin’s High Court heard that the Dingle water supply, which will supply the lakefront, was a “toxic” and “vitally important” source of water for the city.
However, it was said the “vital” and vital nature of the bathtub was not protected by the legislation.
Mr Justice Doolan found that the bathtubes “were used by individuals as well as by the public” and that they “could reasonably be regarded as being in use” but that the use of the water was not “an integral part” of the bathing experience.
The judge also said that “it is difficult to conceive of the extent to which a bathtub can be said to be an integral part of the overall experience”.
“In terms of the social and economic benefits to the city, I find the use to be of an entirely different order,” the judge said.
The court also ruled that the baths “are not an integral element” of an “essential amenity” in the city of Dublin, and that “there is no reason to suppose that the Bath has been the subject of a statutory or regulatory regime which is designed to prevent the use by the general public of the Bath as an amenity”.”
There is also no evidence that any public health benefit is gained from bathing in the bath.”
The court also ruled that the baths “are not an integral element” of an “essential amenity” in the city of Dublin, and that “there is no reason to suppose that the Bath has been the subject of a statutory or regulatory regime which is designed to prevent the use by the general public of the Bath as an amenity”.
Mr Justice John Kelly said that the “essential” nature of a bath “does not imply that the individual using it has any right to a benefit or advantage of the type referred to in this case.”
He said that if the bath was a nuisance to the general community, it would be unlawful for the public to have access to it.
He also said the bath had “no functional value” and was a source of “an aesthetic or aesthetic value that has no functional use”.
Mr Kelly added that the tub was “not an essential amenity”, but said that it was a part of a “social function”.
Mr Doolin told The Irish Post that the court’s decision was disappointing and the Bath was a beautiful and functional amenity in the Demented Dublin and a part in the cultural heritage of the city which “has a significant cultural impact”.
“We are extremely disappointed by the decision,” he said.