Products Ltd. and Mr. Herbert Michael Bierman to have a Supreme Court decision regarding user rights overturned.

Lawyer Mr. Mark Diel, on behalf of the appellants, told the panel that Puisne Judge the Hon. Mrs. Justice Wade's decision last year to uphold the Environment Minister's ruling that the company had no existing user's rights at its 60-year-old Rocky Heights Quarry in Smith's Parish.

It was Government's case that the company could not use the site for anything other than quarrying, and in 1985 tried to shut the operation down.

Since the 1950s, Bierman's had been producing and selling concrete products -- even supplying a major hotel.

Government also said families living near the site were suffering from noise and dust.

Bierman's contended a Planning director had told the Development Applications Board (DAB) the firm had use rights after the first Planning Act came into effect in the mid-1960s.

Last year, the firm had said closing would put more than 50 people out of work, and send construction costs soaring.

Mr. Diel told the panel that 23 years ago the DAB had ruled the firm had use rights, and it was inappropriate for the Environment Minister to suddenly deny that right.

Crown Counsel Mr. Philip Holder argued user's rights had never existed in Bermuda, and because a person had been doing something for a number of years, it did not guarantee use rights.

He also argued the Court of Appeals was not the forum for a complaint against a decision by the DAB. Mr. Holder said the established procedure was to appeal to the Minister, and the Minister had the power to allow or deny an appeal, or even reverse a DAB decision, but any decision by the Minister was considered final.

The Minister, he said, was not bound by a decision of the DAB or the advice of a civil servant.

After five hours of legal arguments, the court dismissed the Bierman claim, and reserved judgment on costs. The panel said it would give its reasons at a later date.