submitted yesterday, claiming the business was known for decades in Bermuda as a major concrete-producing plant.

Evidence was "overwhelming'' that the business was the only concrete block plant in Bermuda in the 1960s -- and today is the Island's largest concrete products firm, Mr. Mark Ray said.

It supplied thousands of concrete blocks for the construction of a major hotel on the Island, he pointed out.

But Government never once tried to shut down the over-60-year-old operation at the Rocky Heights quarry in Smith's Parish, Mr. Ray claimed.

That was because the Planning Department knew Bierman's had use rights to the site -- not just quarrying rights, he charged.

It is Bierman's case a former director of Planning had stated the firm had use rights after the first Planning Act came into effect in the mid-1960s.

It is Government's position, however, that Bierman's never had use rights for the site. And in the mid-1980s it took action to shut down the operation.

The Environment Ministry says families near the Smith's Parish firm are suffering from noise and dust.

It says Bierman's has finished work at its quarry and has no "use rights'' for other operations at the site, such as making concrete blocks.

But the company insists it has use rights and Government is just trying to shut it down to win votes.

As the Supreme Court battle between the two parties entered its fourth day, Mr. Ray read a series of affidavits to support his arguments the plant had been selling large quantities of concrete products since the 1950s.

Mr. Ray said there was evidence from truckers that they delivered regular amounts of rock (for crushing) and other products used in making concrete to Bierman's from the 1950s on.

There was a contractor's testimony that more than 300,000 concrete blocks were supplied to the builder of the old Holiday Inn.

And he produced the financial journals of Bierman's accountant and director Mr. Kevin Chambers, which showed how substantial production at the plant was.

The case continues today with evidence from land surveyor Mr. Ian Waddington.

DIGGING FOR THE TRUTH -- Supreme Court judge the Hon. Mrs. Justice Wade seen touring Bierman's quarry and industrial site before hearing more evidence.