World War, Bierman's Concrete Products Company is fighting the Environment Ministry and area residents to stay in business.

Any decision made by the court will affect more than 50 people who work for Bierman's. The firm was in business at the site long before any residential development in the area, and now residents are complaining of dust and excessive noise.

The firm is challenging a demand to cease operations after the Ministry had determined Bierman's had finished quarrying at the 14-acre Smith's Parish site, and did not have permission for other operations such as concrete-block making.

On Wednesday the court dismissed the company's appeal to block the Ministry from arguing the company did not have use rights to the area. The Court of Appeal determined the basis of the issue between Bierman's and the Ministry in 1971 was not essential to the company's application to extend operations, and as such the Ministry could say use rights did not exist in Bermuda.

A 1965 Planning Act was adopted requiring those intending to develop land to seek Planning permisson.

Crown Counsel Mr. Philip Holder told the court the block-making plant was separate from the quarry operation, and having been in business before the 1965 Act came into effect did not mean the firm had the right to just add that facet to its operation.

He told the three-judge panel when the 1965 Act was adopted, making concrete blocks could not be seen as a "use'' but an operation that fell under "quarrying''.

After more than four hours of legal arguments yesterday, the court decided to reserve judgment on the matter, and will hand down a decision shortly.

Lawyer Mr. Mark Diel, whose firm is handling the case for Bierman's said: "My clients wish to make it perfectly clear that no decision on the issue of use rights has been rendered by the court one way or the other.''