A date for the hearing of a High Court action against Donegal County Council over a recent co-option will be set on Thursday.
Solicitor Dessie Sheils has been granted a judicial review in the High Court over the co-option of Michael McBride to replace Senator Jimmy Harte.
Mr Sheils contests that the council seat should have been filled by a non-party candidate as Senator Harte was a independent when he was elected.
The Labour Party insists that Councillor McBride was not a member of any party when he was co-opted in May of this year.
Yesterday Councillors formally gave the County Manager the OK to defend the action.