business at its Rocky Heights industrial site in Smith's Parish.

The company, which fought a long legal battle for the right to continue making and storing concrete products at the site, said the Court of Appeal's ruling on Friday was "clearly a vindication'' and noted it had saved some 60 jobs.

However, it was concerned the Appeals Judges did not agree it had established use rights for the adjoining almost-exhausted quarry.

They had refused to overturn the Supreme Court's decision regarding user rights for the quarry.

Bierman's lawyer Mr. Mark Ray said the company was considering an appeal to the Privy Council for peace of mind.

But he said he was not worried that the Planning Department as a result of the decision would stop Bierman's from storing concrete products in the quarry because of an existing rule giving it use rights if it had used the site for more than six years.

Mr. Ray felt the Appeal Judges might have overlooked the fact Bierman's had been using the quarry and storing concrete products prior to 1965.

"So we'll be continuing pretty well as we were,'' he said.

Bierman's president Mr. Michael Bierman said: "With this ruling providing the protection of our use rights, we are now free to devote our time, energies and resources towards developing our business to the high standard that consumers, both large and small expect and deserve.'' He said the company hoped the judgment would "signal the end of the protracted controversy and mark the beginning of a period of cooperation between the company and the Planning Department''.

Bierman's began its battle in 1988 when Planning challenged it to prove it had established use rights to the Rocky Heights site and quarry. It had applied to the Development Applications Board (DAB) to build on the site.

Bierman's took its case to the Supreme Court and won an order giving it full use rights to the site.

But the Environment Ministry appealed.

At the subsequent hearing before the Court of Appeal, Bierman's lawyer Mr.

Mark Diel argued that 23 years ago the DAB had ruled the firm had use rights, and it was inappropriate for the Environment Minister to suddenly deny that right.

Crown Counsel Mr. Philip Holder argued user's rights had never existed in Bermuda, and because a person had been doing something for a number of years, it did not guarantee use rights.

It was Government's case that the company could not use the site for anything other than quarrying, and in 1985 tried to shut the operation down. It said families living near the site were suffering from noise and dust.

But Mr. Diel said that since the 1950s, Bierman's had been producing and selling concrete products -- even supplying a major hotel.

Mr. Michael Bierman this week took legal action to fight for the right to store building materials at another piece of land he owns.

In 1991, the Development Applications Board had refused Mr. Bierman's bid to store imported aggregate at Lot B on Ferry Road on the grounds the land was zoned for light industrial development only. On appeal, the Environment Minister upheld the DAB's decision.