Stop the Stadium president Bev Butler still hopes the Forsyth Barr Stadium can be stopped, despite construction proceeding at the Awatea St site.
The group's next court date has been set for 10am on August 18 at the Court of Appeal, in Wellington.
At the High Court in Christchurch, Justice Lester Chisholm ruled the group had "failed to get past first base" in its April attempt to challenge the Dunedin City Council support of the project.
The group appealed in May, and said Justice Chisholm erred in finding the council's decision to enter into a contract with Hawkins Construction to build the stadium was not prohibited by the Local Government Act.
Stop the Stadium's latest newsletter to members said preparations for the appeal were on track, and legal counsel Len Andersen and Hilary Calvert had prepared a strong, thorough case "which we hope will result in justice finally being served".
The group will seek a declaration that it was unlawful and contrary to section 97 of the Local Government Act for the Dunedin City Council to resolve to proceed with the proposed stadium prior to adoption of the long-term council community plan, and seek an order quashing the decision of the council to sign a contract with Hawkins Construction.
Asked yesterday if she thought the project could be stopped when work had already started, Ms Butler said there were "some very serious questions that need to be answered".
"Projects have been stopped in their tracks before for various reasons.
"We firmly believe they [the Dunedin City Council] are acting unlawfully, and they need to be brought to account."
