Opoho residents signalled their intention to fight a resource consent granted to the Dunedin City Council for the project in July.
The issue revolves around a development by the Dunedin Botanic Garden, part of the $5 million strategic development plan launched in late 2006, that would link 28ha of land above Lovelock Ave with the rest of the garden, relocating propagation and administration facilities, and allowing a new entrance to be built.
The project has been supported by the Friends of the Dunedin Botanic Garden, but attracted passionate and widespread opposition from residents.
At consent hearings last October, they argued the area of a proposed new road replacing Lovelock Ave would be both too steep and badly affected by frost and ice, would exacerbate a problem with boy racers, and result in the loss of wetlands and flax.
Council resource consents manager Alan Worthington said yesterday it had become clear after discussion that mediation through the court was not an option.
"I can't see any middle ground being achieved."
That meant a court hearing, and the court had indicated initial hearings would not be booked until late January next year.
After that, a date would be set for the substantive hearing.
