The ruling against Bierman's Concrete Products followed the 1993 award of court costs after it successfully won the right to continue operating a quarry at Rocky Heights in Smith's.

The Ministry of the Environment wanted to close the area so it could be zoned for housing.

The Crown is appealing that decision to the Bermuda Court of Appeal in June.

In her nine-page ruling, Puisne Judge the Hon. Justice Wade dismissed Environment Ministry lawyer Mr. Philip Holder's argument that the Crown should be immune from costs.

The court had awarded costs to Bierman's last November 17, but Mr. Holder argued at a subsequent hearing that the Crown should not pay or receive costs unless there were special circumstances. He also argued that the Supreme Court did not have the jurisdiction to award costs.

However, in her ruling, Mrs. Justice Wade said she could not change her order and said that the court did have jurisdiction to award costs because "the facts and circumstances of this case fall within the category of `exceptional cases' and justice requires that the Crown should pay Bierman's costs.'' But Mrs. Wade turned down Bierman's submission that the Crown should pay the company indemnity costs -- costs incurred because of unreasonable and time-consuming challenges created by the Crown.

She said she could find no facts which would support claims by Bierman's lawyer, Mr. Mark Ray, that the Ministry's handling of the case showed dishonesty.

But she granted Bierman's request to include two counsels as part of its costs.

The company hired a second lawyer, Mr. Mark Diel, a month before the case came to court and for a little while after.