with demolition, it has been claimed.

A new extension being constructed at Woodmont Nursery school is at the centre of a legal battle between the school owners and the Corporation of Hamilton.

And if an appeal lodged by the Corporation is successful, then an application could be made to have the buildings knocked down.

Corporation of Hamilton Secretary Roger Sherratt issued the warning after the Corporation was refused a further injunction application by the Court of Appeal President Sir James Astwood.

Mr. Sherratt said if the City won the appeal, which is due to take place in November, then they would be able to apply to have the buildings taken down.

Mr. Sherratt said it was unlikely they would be appealing the injunction, which follows an earlier injunction hearing which also failed.

"We are disappointed that we lost the case. Now we will have to await the outcome of the Court of Appeal hearing in November,'' he said.

John Cooper, acting for Woodmont, said did not want to comment on the matter and said he had had no contact from the Corporation of Hamilton or their attorneys.

The appeal hearing is against the Minister of Environment, who originally granted planning permission for the extension to the school at the junction of Dundonald Street West and Cedar Avenue.