Dunedin businessman Doug Hall has been refused court costs in his long-running dispute with the Dunedin City Council over the realignment of State Highway 88.
The Environment Court has ruled Mr Hall's companies, Anzide Properties, Dunedin Crane Hire and Hall Brothers Transport, will not be awarded 60% of more than $118,000 of legal and witness costs, which the companies had sought.
But Mr Hall, who is now a Dunedin city councillor, has not ruled out taking on the council to recoup what he has said was more than $1 million in legal costs.
Judge Jon Jackson ruled there was ''no real merit in the argument the council should pay costs''.
Mr Hall said yesterday he had not read the decision.
Told it had refused costs, he said he would wait until Monday when his legal counsel returned to work, and ''see what the lawyers have to say''.
The realignment and traffic lights at an intersection outside land formerly owed by Mr Hall has been at the centre of a wrangle that has cost ratepayers $659,000 since a new section of State Highway 88 was built around his property in 2011.
Mr Hall argued the council erred during the process of designating the land for the road, by not notifying him, which the council admitted.
Mr Hall successfully sought a High Court injunction to stop the lights, at the entrance/exit to his property, being turned on until access to his site was improved.
Last year, he sold the property to Emerson's Brewery and the Environment Court approved a designation for the realignment as it was.
Mr Hall applied for costs on November 25, with his lawyers arguing his companies were ''forced to participate'' in hearings.
The court decision said Mr Hall's application argued ''it is a question of fairness and justice'', and the costs incurred were ''a direct result of the applicant's [council's] failure to treat those interests fairly by notifying them in 2010''.
But Judge Jackson said there had been ''some effort'' by the council to consult, and the council incurred significant costs designing an access road for the land, which Mr Hall's company ''has now abandoned''.
Mr Hall said late last year he had a case for damages, and had instructed his lawyers to approach the council to discuss a compensation package to recoup what he said was more than $1 million in legal bills and other costs.
Asked yesterday if he still planned to take that action, he said: ''When the lawyers come back on Monday, I'll have a talk to them.
''It's up to the lawyers - I'll take advice from the lawyers.''
Council infrastructure and networks general manager Tony Avery said he knew of no further action regarding the issue.
''We're just happy that we've got the Environment Court process through. We've now got a designated road, as we always had intended, and the lights are due to be turned on in a week or so.''
Asked if the ruling meant the matter was at an end, Mr Avery said: ''As far as the council is concerned, yes''.
