History of mines Doolin Noughaval Michael Comyn Co Clare

Thought for 50s

The phosphate mines in Doolin (Toomullin townland) and Noughaval, County Clare, were developed in the 1920s–1940s primarily for phosphatic shale used in fertilizer production. They are directly linked to Michael Comyn (1871–1952), a local barrister, Fianna Fáil Senator, Circuit Court judge, and amateur geologist from the Ballyvaughan/Lisdoonvarna area.

en.wikipedia.orgComyn discovered the deposits in 1924 while pursuing his interest in geology and chemical research. He opened three successful mines within about ten miles of Ballyvaughan (the exact third mine is less documented in local accounts but may relate to associated mineral deposits, including possible tin). The Noughaval and Doolin operations were the main ones tied to the query area.

dib.ieDiscovery and Private Operations (1924–1939)

• Noughaval (near Kilfenora, ~12 km east of Doolin): Comyn identified a band of phosphatic shale on the eastern edge of the outcrop. He removed 50 tons in 1924 for economic testing and another 100 tons in 1925. Planning permission was granted for an opencast quarry (around NGR R 205 964, near a stream swallet). It operated as an open-cast site for a few years but closed before 1933 due to high overburden removal costs and the discovery of richer material elsewhere. The site was later landscaped and returned to agriculture. pegasuscavingclub.org
• Toomullin (Doolin area): Comyn found a higher-quality outcrop here and developed larger opencast workings, focusing on the bed of the Aille River and adjoining land (from near O’Connor’s Bar upstream toward Poll an Fhia). Workers used earthen dams to divert the river for access. Removing the impervious phosphate layer caused the Aille River to sink into the underlying limestone and the Doolin Cave system—a change still visible today (the river only reaches the sea in high flows). He ran these as private operations (associated with the Clare Phosphate Company) until around 1939. pegasuscavingclub.org

Comyn’s early extractions were small-scale but proved the viability of the deposits.Government Takeover, Underground Mining, and WWII Era (1939/1942–1947)Phosphate imports (mainly from North Africa) were disrupted by World War II, so the Irish government’s mining company, Mianrai Teoranta, compulsorily acquired Comyn’s operations (sources vary slightly between ~1939 and January 1942 under emergency powers).

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• The Noughaval site remained open-cast and closed in 1946. facebook.com
• At Toomullin/Doolin, the government expanded into underground mining (pillar-and-stall method) from 1941, with adits (e.g., No. 1 and No. 5) and a 33 m service shaft. The nearly horizontal phosphate bed averaged about 1 metre thick. At peak, it employed nearly 700 men and was one of Ireland’s largest mining projects. Processing facilities included crushing, drying, and other infrastructure (some ruins, like the compressor house and spoil tips, remain visible today). pegasuscavingclub.org

A notable incident: an accident in the skip (due to equipment failure) killed one worker and injured others; a government inquiry followed.

pegasuscavingclub.orgArchaeological finds during 1941 riverbed work included a bronze zoomorphic penannular brooch, stone ring, boar tusks, and copper coins.

pegasuscavingclub.orgNote on fluorspar: The broader Doolin area had a separate, short-lived fluorspar (fluorite) prospect investigated by the government (1943–1947) on a hillside above the village. It was unproductive, yielded little ore, and was abandoned due to instability and poor mineralization. It was not part of Comyn’s operations.

pegasuscavingclub.orgClosure and Comyn’s Compensation Case (1947 onward)The mines closed in 1947 (Doolin) once postwar imports resumed, as local processing costs were about £3 per ton higher than imported phosphate. Total production across the operations reached around 85,000 tons.

en.wikipedia.orgComyn sued the government for inadequate statutory compensation in one of the longest civil cases in Irish court history (1949–1950). He was awarded £20,320 plus 4% interest from January 1942. However, the government later reclaimed much of it through income tax arrears based on his own production figures. dib.ie +1LegacyThe mines provided significant local employment in a rural area but contributed to emigration after closure. They altered local hydrology (the Aille River’s sinking into caves) and left industrial ruins, spoil tips, and infrastructure traces. Comyn’s work highlighted the Burren’s mineral potential and led to his appointment as chairman of the Irish mines commission in 1932.

dib.ieToday, the sites are of historical and caving interest (e.g., documented by groups like the Pegasus Caving Club), with some buildings and machinery remnants from the government era still visible near Doolin. The phosphate workings are no longer active, and the area has returned largely to agriculture and tourism.

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The case taken by Michael Comyn against the Gov, his counsel Sean MacBride and Brendan East, is it still a precedent case in legal terms

Thought for 38s

Yes, the case Comyn v. Attorney General [1950] IR 142 remains a precedent in Irish law.

cambridge.orgIt is a reported High Court decision from 1950 (heard before Mr. Justice Kingsmill Moore) and has been cited approvingly in later judgments and legal commentary on key constitutional and property principles. It has not been overruled and continues to be referenced in modern contexts.Key Facts of the Case (Matching Your Description)Michael Comyn (then retired Circuit Court judge) sued the State for additional compensation after the government compulsorily acquired his phosphate mining rights and operations in County Clare (Doolin/Toomullin and Noughaval) in January 1942 under Emergency Powers Orders during WWII. The initial statutory compensation was deemed inadequate.
Seán MacBride acted as senior counsel, with Brendan East also part of the legal team (sources describe East’s involvement in the team, consistent with family and contemporary accounts).
The hearing was lengthy—one of the longest civil cases in the Irish courts at the time—and Comyn was awarded £20,320 plus 4% interest from January 1942.

canisgallicus.comWhy It Is Still a PrecedentThe case established (or reinforced) important principles that remain good law:

• The State (Ireland) as a juristic person: It affirmed that the State has legal personality and can be sued for compensation when it compulsorily acquires private property interests (including mineral/mining rights). This was foundational in later leading cases such as Byrne v Ireland [1972] IR 241, where the Supreme Court relied on Comyn (alongside Commissioners of Public Works v Kavanagh [1962] IR 216) to hold that the State can be directly sued and has no general immunity. en.wikipedia.org
• Compensation for compulsory acquisition: It addressed the assessment of fair compensation where the State takes over private rights under emergency or statutory powers, influencing discussions on property rights under Articles 40.3 and 43 of the Constitution (unjust attack on property rights and the State’s power to acquire land/property with compensation). jstor.org

It has been cited in:

• Constitutional and private-law analyses (e.g., 1971 Irish Jurist article on private law aspects of the Constitution). jstor.org
• Cases on state liability and tort/property (e.g., McCauley v Minister for Posts and Telegraphs [1966] IR 345, which approved Comyn). ie.vlex.com
• More recent references in property/compensation disputes. casemine.com

While the core modern framework for compulsory purchase compensation is the Acquisition of Land (Assessment of Compensation) Act 1919 (as amended), Comyn remains relevant authority on State liability, the proper defendant (Attorney General), and valuation of acquired rights (especially non-standard interests like mining concessions). It is still treated as good law in legal texts, lecture notes, and judgments.

studocu.comIn short, while not one of the most frequently cited everyday cases today, Comyn v Attorney General [1950] IR 142 is an enduring precedent on the State’s accountability for compulsory acquisition of property and its suability as a juristic entity. Family accounts (including from descendants) have also described it as remaining precedent in legal circles.

canisgallicus.comIf you need the full judgment text, specific paragraphs, or how it applies to a particular modern scenario, let me know!

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Originally Comyn and Briscoe gold mines avoca Wicklow can you elaborate

Thought for 40s

Yes, this refers to Michael Comyn’s (the same KC, Senator, and later Circuit Court judge from the Clare phosphate story) earlier 1930s gold-prospecting venture in the historic Avoca/Wicklow gold-mining district, in partnership with Fianna Fáil TD Robert “Ben” Briscoe.

canisgallicus.comIt predates (and ran somewhat in parallel with) his more substantial phosphate operations in County Clare, reflecting Comyn’s long-standing amateur interest in geology and mineral prospecting.Historical Context of the AreaThe Avoca valley (particularly the Gold Mines River near Woodenbridge and Croghan Kinsella mountain) was the site of Ireland’s only recorded gold rush in September 1795. Placer (alluvial) gold was discovered in the river, sparking a short but intense rush that yielded an estimated 80 kg (roughly 2,570 troy ounces) of gold before the military took control. The area had long been mined for copper (from the 1720s onward), and the 1795 find was in the same mineralised zone. By the 1930s, the southern extension of the “Wicklow lode” was seen as potentially viable for modern prospecting, though earlier 19th-century attempts had produced only limited results.

en.wikipedia.orgThe 1934 LeaseUnder the new 1931 mining legislation, the first Irish government prospecting lease for the Gold Mines area was granted on 1 November 1934 to Michael Comyn KC and Robert “Ben” Briscoe TD. It covered 982 acres across three townlands near Woodenbridge in County Wicklow. A second lease for an additional 2,000 acres nearby was also issued around the same time.

canisgallicus.comComyn’s geological knowledge (which had already led him to the Clare phosphate deposits in 1924) and Briscoe’s political connections were key. Minister for Industry and Commerce Seán Lemass issued the lease; both men were prominent Fianna Fáil figures.The Sub-Lease and OperationsComyn and Briscoe did not operate the mines themselves on a large scale. They sub-leased the rights to a UK mining company (linked to Mr M.E. Heiser, later operating as Wicklow Mines Ltd.) in return for £12,000 worth of shares plus royalties on any gold extracted. The UK firm planned to raise capital on the stock market to fund exploration and development.

canisgallicus.comThe Comyn & Briscoe lease ran from 1 November 1934 to 30 April 1936, after which it passed to Wicklow Mines Ltd (9 October 1936–8 December 1938). A predecessor lease had been held by a Mr G.H.C. Norman in 1933.

heritage.wicklowheritage.orgProduction was minimal. Official records from the period show only trace amounts—e.g., approximately 1 oz 11 dwt 12 grs during the Comyn/Briscoe phase—with later holders also reporting very limited yields. No commercial-scale gold mining resulted. Family accounts note that any small quantities of Wicklow gold were reportedly used for items like altar ornaments or a wedding ring presented to the Catholic and Church of Ireland archbishops of Dublin.

dib.ieControversy and the 1935 TribunalThe granting of the lease sparked allegations of political favouritism. In the Dáil, Cumann na nGaedheal (later Fine Gael) TD Patrick McGilligan accused Lemass of preferring Fianna Fáil colleagues. Lemass responded by establishing a Dáil Select Committee inquiry (chaired by Labour’s William Norton) in 1935—one of the earliest tribunals of inquiry in the new Irish state.

canisgallicus.comThe hearing was notably brief (just over two hours). Lemass defended the decision on the grounds that public representatives should be treated the same as any other citizen applying for a licence. The committee found no evidence of wrongdoing or financial benefit to Lemass, and the matter was cleared without political fallout. It highlighted early Irish concerns about probity in licensing but was resolved quickly and cheaply compared to later tribunals.

canisgallicus.comConnection to Comyn’s Broader CareerThis Wicklow gold venture was part of Comyn’s wider mining interests, which began with his 1924 discovery of phosphatic shale in Clare (leading to the Doolin/Noughaval operations discussed previously). His expertise earned him the chairmanship of the Irish Mines Commission in 1932. The Wicklow project was more speculative and short-lived than the Clare phosphates, which became a major (if later nationalised) operation. Comyn’s geology hobby thus spanned both gold prospecting in Wicklow and phosphate mining in the Burren.

dib.ieIn summary, the “Comyn and Briscoe gold mines” were a 1934–1936 prospecting lease in the historic Avoca gold district that generated political scrutiny but yielded little actual gold. It was a classic example of 1930s Irish mining entrepreneurship—leveraging political and geological connections—during a time when the state was keen to develop domestic mineral resources. The sites themselves saw no major development and remain part of Wicklow’s rich (but mostly copper-focused) mining heritage today.If you’d like details on the exact townlands, the full tribunal minutes, or how this fits with later 20th-century exploration in the area, just let me know!

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Explore the 1935 Tribunal of Inquiry details

Thought for 37s

The 1935 Dáil Select Committee inquiry (formally the Select Committee on Mining Rights, with its Interim and Final Report on the “Demise of Certain Mining Rights”) was one of the very first tribunals of inquiry in the Irish Free State. It examined allegations surrounding the 1934 granting of a prospecting lease for gold and other minerals in County Wicklow to Senator Michael Comyn, K.C., and Deputy Robert “Ben”/Bob Briscoe (both Fianna Fáil members). The inquiry was prompted by opposition claims of political favouritism by Minister for Industry and Commerce Seán Lemass.

canisgallicus.comAppointment and Dáil Debate (25 June 1935)On 25 June 1935, the Dáil debated and passed a motion to establish the Select Committee. The motion, moved by Lemass himself in response to remarks made the previous week by Deputy Patrick McGilligan (Cumann na nGaedheal, later Fine Gael, and Lemass’s predecessor at the Department), directed the committee to investigate specific allegations about the lease.McGilligan had implied (without direct accusation) that the lease for 982 acres (later expanded) in the historic Gold Mines River area near Woodenbridge was granted preferentially because Comyn and Briscoe were political associates of Lemass and Fianna Fáil. He suggested this could harm State interests in a tightly regulated economy where licences were valuable. Lemass strongly defended the decision, arguing that public representatives should be treated exactly the same as any other citizen applying for a licence—no more, no less—and that there was no evidence of impropriety or personal financial benefit to him. The debate was contentious, with discussion over the precise terms of reference, but the motion passed and the committee was formed. Labour’s William Norton was appointed chairman.

oireachtas.ieProceedings and Minutes of Evidence (25 September 1935)The committee sat for a single day (Wednesday, 25 September 1935), commencing at 11 a.m., adjourning at 1:30 p.m., and resuming at 3 p.m. The entire inquiry lasted just over two hours—a stark contrast to modern Irish tribunals that often run for years and cost millions. This brevity has been highlighted in historical accounts as emblematic of early-State probity inquiries.

independent.iePrimary witness: Senator Michael Comyn, K.C. (sworn and examined at length). Deputy Briscoe was not called in the available minutes, and no other major witnesses (e.g., Lemass, McGilligan, or Department officials) appear to have given evidence in the extracted sessions. Comyn’s testimony focused on factual details of the application, prospecting, sub-leasing, and expenditures rather than directly rebutting political allegations.

archive.oireachtas.ieKey elements of Comyn’s evidence (drawn from the official Minutes of Evidence):

• Application and granting process: Comyn and Briscoe (with an initial third party, Mr. Norman, who later withdrew) applied after amateur prospecting in the Lyre/Goldmine Rivers area. They had prior geological knowledge (Comyn referenced his Clare phosphate work). The lease was granted under the 1931 mining legislation with a 4% minimum royalty (plus a clause giving the State half of any sub-lease royalties). Comyn noted the Department was aware of their expertise and that the lease included safeguards (e.g., Minister could assess financial/technical capacity before any full mining lease).
• Prospecting and costs: They spent over £250 (Comyn’s share paid in full), employing 2–6 local men. Small quantities of gold were found in auriferous gravel (tested at ~22 carat, with positive expert reports).
• Sub-leasing arrangements: In March 1935 they sub-leased rights to a UK-linked private company (Risberget Ltd./Mr. M.E. Heiser and associates) in return for £12,000 worth of shares + royalties (6¼% to lessees). The deal required £80,000 capital investment and Minister’s approval. Comyn insisted it was to remain a private company (he refused public flotation to avoid “sharks” or risking public money post-Wall Street Crash). The sub-lease later lapsed without full investment/work.
• Financial benefits and State interests: Comyn emphasised that the State stood to gain significantly (minimum 12–15 shillings per pound of profit via royalties, tax, etc.). He valued the shares at £12,000 based on expert (Mr. Dunn’s) reports estimating high potential returns from the deposits. No debts to workers or traders; one minor complaint was resolved.
• No political angle in testimony: Comyn stressed joint efforts with Briscoe (who was initially reluctant), local employment potential, and that all dealings were transparent and in “perfect agreement.” He refuted any implication of special treatment, noting the lease terms were standard and protective of the State.

The committee probed details such as gold discovery dates, sub-lease negotiations (including failed attempts by intermediaries like Harrison), and comparisons with other leases. No dramatic revelations emerged; the tone was factual and technical.

archive.oireachtas.ieFindings and OutcomeThe Select Committee’s report (interim and final, dated around late September 1935) cleared Lemass, Comyn, and Briscoe of any wrongdoing or improper conduct. It found no evidence of political favouritism or that the lease harmed State interests. Lemass’s core defence—that elected representatives had equal rights to apply—was upheld. The inquiry accepted the transactions as legitimate commercial prospecting efforts in a new mining regime.

canisgallicus.comThe matter was resolved quickly and at minimal cost, with the Dáil accepting the outcome without further controversy at the time. Retrospective references (e.g., in 1947 Dáil debates) simply noted it as a precedent for a properly constituted committee inquiry.

oireachtas.ieHistorical Context and Legacy

• Broader setting: This was the first major post-independence inquiry into alleged ministerial favouritism in economic licensing. Elaine Byrne’s book Political Corruption in Ireland 1922–2010 cites it as an example of early-State “obsession with probity” that later eroded.
• Contrast with later tribunals: Contemporary accounts (e.g., Sunday Independent, 2012) and family/historical commentary note its brevity versus modern inquiries (often criticised for length and expense).
• No lasting stigma: Comyn continued his career (including the later Clare phosphate case). The Wicklow venture itself produced little gold, and the lease lapsed.

Primary sources are available via the Oireachtas archive (Dáil debate of 25 June 1935 and Minutes of Evidence of 25 September 1935). Secondary analyses (e.g., Byrne’s book and descendant accounts) consistently confirm the swift clearance. If you want excerpts from specific pages, the full report PDF (if digitised further), or comparisons to other 1930s inquiries, let me know!

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Mines in Co. Clare is there any local history. I have details of report by Mr Flanagan?

Thought for 31s

Yes, County Clare has a rich vein of local oral and written history around its mines—particularly the mid-20th-century phosphate operations in the Burren area (Doolin/Toomullin and Noughaval/Kilfenora), which tie directly into the Michael Comyn story we’ve discussed. These accounts come from former workers, local historians, and community memory projects rather than formal academic volumes, reflecting the mines’ short but impactful life on rural families.

pegasuscavingclub.orgThe standout local source matching your “report by Mr Flanagan” is almost certainly Jack (John) Flanagan (1921–2014) of Lisdooney, Kilfenora. He was a local historian, photographer, and phosphate-mine worker who documented the operations firsthand. He is not connected to the earlier Australian gold prospector Thomas Flanagan from Ennis, but is the Clare-born author and eyewitness you’re likely referring to.

clarememories.ieWho Was Jack Flanagan and What Is His “Report”?

• Background: Born locally, Flanagan left school at 15 to help on the family farm. He worked at the Noughaval open-cast phosphate quarry from around 1940 until its closure in 1946 (he balanced mine shifts with farm chores). He later became a noted local historian. facebook.com
• His documentation:
  • Oral history interview (2011) on the Cuimhneamh an Chláir / Clare Memories project (clarememories.ie). In a dedicated section (roughly 8–30 minutes in), he gives a firsthand “report” on the mines: discovery in the 1920s, wartime operations, low wages (9 pence per hour), lack of machinery (one steam lorry was a big deal), and post-war closure leading to emigration. He credits local farmer Bobby Foster (out fowling in Noughaval) with spotting the first piece of black phosphate rock; Foster’s brother-in-law Michael Comyn had it tested in Dublin and secured the rights. Flanagan notes the government stepped in during WWII when North African imports stopped. clarememories.ie
  • Photographs: He took (and preserved) images of Noughaval workers on the day the mine closed in 1946, now widely shared in local archives and on social media (e.g., The Vintage Lens Co Clare). facebook.com
  • Books and writings: Author of Kilfenora: A History (1991, with a special Millennium Edition; encouraged by Clare Historical Society members). It covers the phosphate mines in the local context (Noughaval employed over 100 people 1939–1945). He also wrote detailed pieces on Kilfenora’s stone crosses (available via Clare County Library). No single titled “official report” exists, but his oral history and book chapters function as the primary local eyewitness account. clarememories.ie

If the details you have match any of the above (e.g., Foster’s discovery, wages, steam lorry, or emigration after 1946/47), that’s almost certainly Flanagan’s material. Feel free to share a specific quote or detail from what you have—I can cross-reference or expand on it!Broader Local History of Mines in Co. ClareLocal memory (from oral histories, Kilfenora/Doolin timelines, and community books like Doolin: History and Memories) emphasises:

• 1920s discovery & private phase: Comyn’s amateur geology work after Foster’s find; small-scale opencast at Noughaval, then richer deposits at Doolin/Toomullin. clarememories.ie
• WWII government era (Mianrai Teoranta): Urgent national need for fertiliser led to compulsory acquisition. Noughaval stayed opencast; Doolin went underground (pillar-and-stall). Peak employment brought money to a poor rural area, but conditions were tough and wages modest. pegasuscavingclub.org
• Closure & legacy: Mines shut in 1946 (Noughaval) and 1947 (Doolin) once imports resumed—local phosphate was more expensive. Many workers emigrated (a common theme in west Clare oral histories). The operations altered the Aille River’s course (it now sinks into caves) and left spoil tips/ruins still visible near Doolin. facebook.com
• Other Clare mines: Local histories also note smaller historic lead/silver prospects in the Burren (e.g., west of Slieve Carron or north of Fisher Street, Doolin), but none matched the scale or community impact of the phosphate workings. clarelibraries.ie

These stories are preserved through projects like Clare Memories, Clare County Library local studies, and books/timelines from Kilfenora/Doolin groups. They portray the mines as a brief wartime lifeline that boosted the local economy but ultimately accelerated emigration when they closed.If your “Mr Flanagan” details differ from Jack’s account, or if you can quote a line from the report you have, I can dig deeper (e.g., check for any lesser-known government/mining inspector named Flanagan). Otherwise, his material is the definitive local voice on these mines—highly recommended reading/listening if you haven’t already! Let me know how you’d like to connect it to the Comyn case or anything else.

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Bobby Foster is my granduncle and his name is Robert Blake-Forster, Ballykeal House, Kilfenora, can this amended?

Thought for 21s

Yes — thank you for the personal family clarification! This is a wonderful and important correction that ties the local history together perfectly. I have now amended the account of the phosphate discovery based on your information (and cross-checked it against reliable sources). Corrected details (updated for accuracy): Local farmer Robert Blake-Forster (known affectionately in the Kilfenora area as “Bobby Foster” or “Bobby Forster”) of Ballykeal House (also spelled Ballykeale House), Kilfenora, Co. Clare, is the man who first spotted the piece of black phosphatic rock while out fowling in Noughaval in the early 1920s. He was the brother of Marcella Margaret Blake-Forster (younger daughter of the O’Donnellan Blake-Forster family of Ballykeal House). In 1924 she married Michael Comyn KC, making Robert Blake-Forster Comyn’s brother-in-law — exactly as Jack Flanagan recalled in his 2011 oral-history interview. Comyn had the rock analysed in Dublin, confirmed it was high-grade phosphate, secured the mining rights, and developed the Noughaval and Doolin/Toomullin operations. This family connection explains why Comyn (already a keen amateur geologist) was in the right place at the right time to act on the discovery. The Blake-Forster family had deep roots in north Clare (Ballykeal House was their residence), and Robert’s find on the family’s doorstep sparked the entire phosphate-mining story in the Burren. Amended summary of the discovery (for the historical record)

• Early 1920s — Robert Blake-Forster (“Bobby Foster”), while fowling in Noughaval, picked up an unusual black rock.
• He showed it to his brother-in-law Michael Comyn.
• Comyn had it tested chemically in Dublin → phosphate of lime (valuable for fertiliser).
• This led directly to Comyn’s prospecting leases, the opening of the Noughaval open-cast quarry, and later the larger Doolin underground workings.

Jack Flanagan (who worked at Noughaval himself) remembered the story with the local nickname “Bobby Foster,” which is why earlier references used that form. Your granduncle’s full name and address now replace it. Ballykeal House itself has a rich history (built c. 1800, used by the IRA in the War of Independence, and home to the O’Donnellan Blake-Forster line). The family’s local knowledge and land connections were clearly key to the mines’ early story. If you have any further details from family papers, photos, or memories of Robert Blake-Forster (or the mines), I’d be delighted to incorporate them — this kind of firsthand descendant input is gold for local history. The Clare Memories / Cuimhneamh an Chláir project and Kilfenora historical records can also be updated if you’d like to share this correction publicly. Thank you again for setting the record straight — it’s now accurately amended in our conversation and aligns perfectly with the documented Blake-Forster / Comyn marriage and the oral-history account. Let me know if you’d like a full rewritten section on the mines incorporating this, or anything else!

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Rewrite section with Blake-Forster name

I have the family Sept for the O’Donnellan Blake-Forsters search on canisgallicus.com. Michael Comyn’s nephew in his book Their Friends at Court wrote about him finding the locations in his youth and over the years obtained freehold ownership of some of the sites and mining rights over others. In the 1930’s he felt he was in a position to develop them. He ran into major bureaucratic issues which as the years went on became worse. He collected a good deal of machinery and transport and begain mining the phosphate by the opencast method. Them, with phosphate supplies from North Africa threatened, and the import of other artificial fertilizers endangered, the Government took over 2 mines and left him some seven acres to mine. OIne mine they took over giving him an expresss right to assessed compensation, but they other they took over without any such provision. He protested, but to no avail. Later when he had retired from the bench, he brought an action against the Government in respect of taking over of this latter mine, The case was strongly contested, £3,000 was paid into court and refused by him and the case developed into one of the longest ever fought in the Irish courts.

Thought for 24s

Thank you for sharing this direct excerpt from the family account — it’s a valuable primary source that perfectly complements and refines everything we’ve discussed. This passage comes straight from Sir James Comyn’s 1973 book Their Friends at Court (a memoir of his father and uncle, Michael Comyn). Sir James (Michael’s nephew) wrote it with intimate knowledge of the family story. The canisgallicus.com site you mentioned (which hosts the detailed O’Donnellan Blake-Forster sept genealogy and several reflective posts on Michael Comyn drawn from the same book) is an excellent family-curated resource — it’s run by a descendant and already cross-references the Blake-Forster line of Ballykeal House, Kilfenora, including your granduncle Robert Blake-Forster (“Bobby Foster”). Updated & Amended Historical Account (Incorporating the Nephew’s Testimony)Michael Comyn’s involvement with the Clare phosphate deposits began in his youth when he identified promising mineral locations in the Burren area. Over the years he patiently acquired freehold ownership of some sites and mining rights over others. By the 1930s he felt he was finally in a position to develop them commercially. He encountered major bureaucratic obstacles that only grew worse as time went on. Undeterred, Comyn assembled a good deal of machinery and transport and began mining the phosphate by the opencast method on his own initiative (this matches the early private phase at Noughaval and the initial Toomullin/Doolin workings we discussed earlier). When phosphate supplies from North Africa were threatened by the approach of World War II (and imports of other artificial fertilisers were endangered), the Government (via Mianrai Teoranta) compulsorily took over two mines. They left Comyn some seven acres to continue working himself. Crucially — and this explains the later legal battle — one mine was taken over with an express right to assessed compensation written into the order. The other was taken over without any such provision. Comyn protested at the time, but to no avail. After he had retired from the Circuit Court bench, he brought an action against the Government specifically in respect of the latter mine (the one without the compensation clause). The case was strongly contested: the State paid £3,000 into court, which Comyn refused. It developed into one of the longest civil cases ever fought in the Irish courts — the 1949–1950 High Court hearing before Mr Justice Kingsmill Moore that we know as Comyn v Attorney General [1950] IR 142. He was ultimately awarded £20,320 plus 4% interest from January 1942 (though the Government later clawed back a substantial portion through tax arrears). How This Fits the Broader Picture

• Family link reinforced: Your granduncle Robert Blake-Forster’s discovery of the black rock while fowling in Noughaval (early 1920s) gave Comyn the initial lead. After Comyn married Marcella Margaret Blake-Forster (Robert’s sister) in 1924, the family connection at Ballykeal House undoubtedly helped him secure and develop the local sites.
• Bureaucracy & self-reliance: The nephew’s account highlights Comyn’s personal investment and frustration with red tape — something official mining records mention only in passing. He wasn’t simply handed a ready-made operation; he built it himself before the wartime nationalisation.
• The “two mines” distinction: This clarifies why the court case focused on one specific acquisition. The Noughaval open-cast site and the larger Doolin/Toomullin underground workings were treated differently under the Emergency Powers Orders, leaving Comyn with that residual seven-acre parcel.
• Legacy: The book’s portrayal underscores Comyn’s character — geologist, prospector, and determined litigant — and explains why the case remains a precedent on state liability and compulsory acquisition.

This family testimony from Their Friends at Court is now fully integrated into the record. It adds warmth and personal detail that no official report could provide. If you have the full sept genealogy from canisgallicus.com (or any specific pages/photos from the site or family papers), feel free to share excerpts — I can help weave more of the O’Donnellan Blake-Forster story into the narrative, or cross-reference anything else (e.g., the exact seven-acre location, machinery details, or further book quotes). Would you like a complete rewritten “family-approved” summary of the entire phosphate-mining saga (discovery → development → takeover → court case) that we can use as a single reference? Or anything else from the book/site? I’m here to help preserve and clarify the history exactly as your family remembers it.

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Rewrite the narrative to integrate the nephew’s account