Galway County Council has been given the go-ahead to carry out tests on land to establish its suitability for a landfill site to cater for the future refuse disposal needs of the city and county.
A court ruling from Judge Michael Reilly at Loughrea District Court only permits those tests to be carried out on land at Ballinahistle, near Kilrickle, if an initial walkover survey, followed by an archaeological survey, indicates the site may still be suitable for the disposal of waste.
The Ballinahistle site is one of three which has been short listed in the east of the county as possible locations for a landfill once the only landfill in the county near Ballinasloe closes down in a few years.
Last month Judge Reilly heard the objections of 19 landowners who sought to prevent the local authority from carrying out tests at Ballina histle. The county council estimates it could require a site of up to 250 acres to replace the Ballinasloe landfill.
The judge excluded from his order a part of the site identified as Knoc na Shee which he was satisfied was an area of archaeological interest.
He allowed the Kilrickle landowners their costs, saying the case was of public interest and people should not be penalised for exercising their right to come to court.
Mr Tom Finn, spokesperson for the Ballinahistle-Kilrickle Anti-Super Dump Committee, said they would be appealing the case all the way to the European Courts if necessary.