awarded Bierman's Concrete Products the right to continue operating at Rocky Heights, Smith's Parish.

In welcoming the judge's decision, the firm's lawyer Mr. Mark Ray said the company would seek what could run into "hundreds of thousands of dollars'' in damages.

Business had been badly affected by the long battle with the Environment Ministry to continue making and selling concrete products at Rocky Heights -- where it began quarrying half a century ago, Mr. Ray said.

Bierman's would also be seeking "full'' legal costs from Government. "Our case has been entirely vindicated. But unfortunately it is the poor taxpayer whose going to end up paying,'' the lawyer said.

He added, "We've always suspected political motives by Government concerning the people living in the area.'' Environment Ministry lawyer Mr. Philip Holder had no comment to make except that he would be discussing whether to appeal with the Minister.

Bierman's was appealing against the then Environment Minister's decision to close its Rocky Heights operation down so the area could be zoned as housing.

Mr. Holder argued during the August hearing that the fact the quarry at the site was exhausted meant the company should close down or move on. Area residents were being subjected to loud noise and dust.

Mr. Holder did not believe Bierman's had established use rights to the site, which was one planning unit.

But the company's lawyers Mr. Ray and Mr. Mark Diel argued it had worked the area for more than 50 years while a residential area built up around it.

It began concrete making in the 1940s -- before planning controls came into force.

Though concrete products were stored in the quarry, they had never been made there.

Mr. Ray submitted the industrial site and nearby quarry were not directly linked so they were not one planning unit.

The main business carried on at Rocky Heights was that of making and selling cement block, he had claimed.

He also said some 50 workers faced unemployment if Bermuda's largest concrete-making firm was forced to close down.

Puisne Judge the Hon. Mrs. Justice Wade, in her judgment, said one major question raised had been whether Bierman's, because of long history of industrial and storage usages at Rocky Heights, had "earned itself the right to continue those same activities safe from the threat of enforcement action?'' Another was "whether quarry operations were unrelated to the processing going on at the adjacent industrial site''.

"These questions raise complex questions of law which are being considered for the first time by the Supreme Court,'' Mrs. Justice Wade said.

She attached heavy weight to the evidence of British chartered town planner Mr. David Cattermole, a former Department of Planning officer.

She agreed with him that Bierman's earned the right to continue operating at Rocky Heights because of its "long history of industrial usage'' at the site.

And she found the first real planning controls in Bermuda came into force in 1965, after Bierman's got into quarrying and the cement block business.

"I am left without a doubt that the activities on the industrial site commenced in 1940-1941. These activities operated and continue to operate independently of the quarry,'' she ruled.

She further found it was okay for Bierman's to store concrete products on the quarry floor as long as it did not change its "character''.

On the question of illegal acts on Bierman's behalf, she said it was not for the firm to adduce evidence to show approval was granted for its crusher, block making plant and garage, but for the Government "to show that no approval was granted''.

"There is no evidence of illegality before the court,'' she found. Mrs.

Justice Wade gave Bierman's 28 days to file for damages and Mr. Holder 28 days to reply.

A hearing date would be set later for Bierman's legal costs application, she said.

Though Mrs. Wade had ordered Government to pay the costs, she had not stated to what extent, Mr. Ray explained.