send construction costs soaring.

That was the warning sounded yesterday by Mr. Mark Ray, one of the lawyers representing the Island's largest concrete producer -- Bierman's Concrete Products Ltd. -- in a legal battle to stop the Environment Minister from shutting down its operations in Smith's Parish.

The Ministry, represented by Crown Counsel Mr. Philip Holder, is arguing that Bierman's, which has operated from the Flatts site since before Bermuda's first development control Act in 1965, has finished its work at the quarry and therefore has no use rights at the site.

There have also been complaints about noise and dust in the area that has been zoned residential under the Bermuda Plan.

And last year the Ministry threatened to serve an enforcement notice on the company, if it did not cease its operations.

But Bierman's took the matter to the Supreme Court before the Ministry could impose the notice.

And yesterday Mr. Ray argued that while the amounts coming out of the quarry were minimal, Bierman's still had an important function at the site.

"Arguably it is the largest producer of concrete products in Bermuda,'' Mr.

Ray said in his opening submissions about the company. "Arguably it is probably the most comprehensive in products we manufacture.

"There really is very, very little industrial life in Bermuda. It's not a situation where my clients can pack up and move down the road.

"The company is fighting for its very life at this time. Without the use rights it cannot continue operating on the land.'' Mr. Ray said not only would closing the operation mean bad news for Bierman's, it would also cause the cost of construction to soar.

"If concrete block is to be imported the cost will be so high that it will push prices up in housing and construction,'' he said.

And he added: "If the company goes into liquidation, the 50 to 55 workers it employs will lose their jobs and the livelihoods of their families will be affected.'' Explaining the nature of the business, Mr. Ray said: "In 1932 there was Herbert Bierman Concrete Products, not Herbert Bierman Quarries or Herbert Bierman Aggregates. The business was incorporated shortly after that as Bierman Concrete Products Ltd.

"Its whole purpose has always been to manufacture concrete products. It does not, and has never, existed to operate quarries.

"It has just been in a fortunate situation to have a quarry next to it.'' Mr. Ray also questioned the Ministry's motives for trying to get rid of the industrial site.

"There are a large number of residents living around the perimeter of the quarry who have been there for many years,'' he said. "Apart from that there is Manor House condominiums and there are more condominiums adjacent to that.

"So one can see there are pressure groups involved and one wonders why in this case, on the evidence, the Minister so steadfastly refuses to accept any use rights.

"There is after all election fever in the air.'' Mr. Ray will continue his submissions this morning before Puisne Judge the Hon. Mrs. Justice Wade, who may visit the Smith's Parish site today.