PORT Stephens Council has reportedly been ordered to pay costs of nearly $325,000 after its case against Eagleton Quarry was dismissed by the Land and Environment Court.
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The council brought proceedings against the quarry claiming it was operating without development consent.
The legal case started in September 2013 with council arguing the quarry's consent granted in 1978 had never lawfully commenced.
The case was sparked by a development application lodged with the council for a crusher machine on the site.
Council staff initially recommended the proposal be rejected because it was "ancillary to an unauthorised activity on the land" - that being its use as a quarry.
The Land and Environment Court dismissed these claims and ordered the council to pay costs of nearly $325,000 which add to a previous court-ordered payment of $21,000.
One of the quarry owners, Greg Gilson, has criticised the council for its decision to pursue the claims and the mounting legal fees.
"I believe council's actions against me has cost ratepayers in excess of $850,000," he said.
"It has put a severe strain on me and my wife and caused financial hardship."
Port Stephens Council's legal spokesman released a statement in response to the case.
"Port Stephens Council, on advice from Senior Counsel, sought to have the NSW Land and Environment Court matter of PSC v Moresload Pty Ltd dismissed by consent. The matter was subsequently dismissed.
"Operations can continue on the site in accordance with the conditions within the original consent.
"Council has agreed to pay the respondents' costs of $324,000."
