An Environment Court judge has thrown out a case against the owner of an award-wining Dunedin warehouse precinct building.
Judge John Hassan described Dunedin businessman John Evans' application to require changes at 123 Vogel St as ''an adversarial and misdirected lack of respect'' for the developer.
Mr Evans had applied to have the building's owner, ADL Properties' Chris Barnes, remove what Mr Evans said were non-complying second-floor windows, and replace them with another design.
But Judge Hassan, who decided on the case in chambers, said the proper course of action was ''to refuse the application''.
Mr Barnes yesterday said the judge's decision was not surprising.
''Basically he's told him [Mr Evans] that he shouldn't have gone to court. Common sense prevailed. It's been a complete waste of time and effort for all parties.''
The arguments in the case related partly to former council heritage policy planner Glen Hazelton, who had originally supported one option for the windows, but later modified his view. The original option stayed in the consent decision.
Mr Evans last night said the judgement confirmed that the council had made a mistake. The right time to admit that was last year when he asked for the information.
''The council took months to answer and at no stage was this mistake ever acknowledged or disclosed.''
He said the parties involved in the case had gone to ''considerable trouble and expense'' because the council was not prepared to admit its mistake.
The court action called on Mr Barnes to remove windows on the second floor and replace them with a design applicant Mr Evans said should have been built under the building's resource consent.
Court documents from ADL's counsel Phil Page described the action as ''utterly baffling'', and Mr Barnes last month called it ''vexatious''.
At the time Mr Barnes questioned the intentions of Mr Evans, and court documents asked who he was representing, and whether he was ''receiving funds from a third party''.
People involved claimed property interests in ''the big end of town'' were behind what they saw as an attack on the precinct.
Work ended last year on a major face-lift for the 128-year-old building, which received rates relief from the council under its heritage provisions and which had won awards since it was completed.
Law firm Gallaway Cook Allan moved there last year from a building on the corner of High and Princes Sts.
The judgement document noted in Mr Evans' submissions said he had a long-standing interest in history and heritage buildings, and he drove past the building regularly.
''The external detail of a heritage building is important to me and I consider the look of something to be vital.''
The design of the windows should keep the same shape and design as the originals.
Judge Hassan's ruling said the court determined the application ''on the papers'', and none of the parties involved opposed that course of action.
Mr Evans' application had been amended, and called on ADL Properties to ''cease contravening resource consent'' in terms of the second-storey windows.
But Judge Hassan said Mr Evans' concern about the details of the windows was ''misdirected''.
He said the building had been in place for a considerable time, and Mr Evans ''has acted far too late''.
''Certainly, as the building has been in place for a considerable period of time, there was no proper justification for such an adversarial and misdirected lack of respect for ADL as respondent.''
Mr Page said the intention had been for the issue to be heard in court, so the judge could hear from witnesses before making a decision, and visit the site ''to understand what it is we're arguing about''.
But the court gave a tentative indication it did not think a hearing would be required.
''We saw which way the wind was blowing, and said: 'By all means carry on and make a decision'.''
Mr Page said his client would ''certainly'' be applying for costs from Mr Evans.
