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The Dunedin City Council is claiming victory after the Court of Appeal ruled in its favour in a long-running legal battle over the Saddle Hill quarry.
The court, in a ruling released yesterday, declined Saddle Views Estate leave to appeal last year's decision by the High Court, which had upheld an earlier Environment Court ruling which also found in the council's favour.
Council chief executive Dr Sue Bidrose told the Otago Daily Times the ruling put an end to the long-running legal tussle over the rights of the quarry owner, Saddle Views Estate, to expand its footprint.
The ruling would also ensure the distinctive ridgeline of Saddle Hill - named by Captain James Cook - was protected, she said.
It was the latest twist in a long-running and acrimonious legal fight between the council and Saddle Views Estate Ltd over what limits there were to quarrying at the site.
The controversial quarry, which has attracted public anger over its impact on the shape of the hill, had continued to operate under an interim enforcement order restricting where quarrying can take place.
Last year's High Court decision upheld an earlier Environment Court decision after Saddle Views Estate appealed.
The High Court found in the council's favour by ruling the quarry on Saddle Hill - owned by Saddle Views Estate - was limited to 50,000 cubic yards (38,000 cubic metres) of rock for the purpose of building a new airport at Momona, based on a consent issued in 1960.
Saddle Hill Estates appealed to the Court of Appeal, arguing the High Court had erred in three key ways, but the court rejected that and declined to grant leave for an appeal, saying the arguments did not have ``any real prospect of success''.
See tomorrow's Otago Daily Times for the full story.