http://www.thisisstaffordshire.co.uk/Ne ... story.html
If the Ropers fail, it looks like it will hit them hard in the wallet.
Let the bitching commence....
VILLAGERS have launched a new High Court challenge in a bid to force the closure of Alton Towers, or the relocation of some rides.
Stephen and Suzanne Roper say their lives have been blighted by noise from the theme park and are seeking compensation.
They moved into their home at Farley House, in Farley, in 1968, more than a decade before the first major ride opened at the tourist attraction.
The couple have been fighting since 2002 in both the criminal and civil courts to force the park owners to return some peace and quiet to the area.
In January this year a High Court judge threw out their claim for an injunction and compensation.
However, a more senior judge has now given them fresh hope.
Mr Justice Hickinbottom adjourned the matter to give the Alton Towers management a chance to prepare for the case when it comes back to court.
However, in doing so he said he did it 'with a heavy heart' bearing in mind the escalating costs of the proceedings.
He continued: "The costs of this claim are very considerable. By adjourning today's appeal, those costs can only be increased. Richard Buxton, solicitor for the claimants, has indicated that if this appeal is unsuccessful there will be grave financial difficulties for the claimants."
The Ropers' civil claim was issued in 2004, but not pursued until 2008, as, in the meantime, the Ropers sought a noise abatement order in the magistrates' court. They secured the order, which came into force following lengthy proceedings in May 2007.
However, the Ropers felt that Alton Towers failed to comply, and brought a criminal prosecution, but had to abandon it when a re-organisation of site owners, the Tussauds Group, transferred Alton Towers to a different company that was not the named defendant.
They revived their civil claim, but the judge struck out the claim for delay, finding that it had not been pursued with sufficient urgency and that the park owners could be prejudiced by the difficulty in providing evidence relating to the period prior to 2004.
Now the Ropers say that the judge's decision in January was Draconian and disproportionate, and are asking the High Court to re-activate it.
They also say the judge was wrong to throw out the whole of their claim, when he could have allowed the injunction claim, which they say is the most important aspect, to proceed.
If successful, the Ropers seek an injunction forcing the park owners to close or relocate some rides and an order forcing them to pay damages for noise from 1998 until now.
Mr Buxton said: "The ultimate aim of this case is for Alton Towers to comply with their original planning permission, that noise was not to be heard outside the park, and to take care of their neighbours, which it presently is not.
"It has made life a misery both for my clients and also, to our knowledge, many others in Farley and Alton. We would like Alton Towers to be a good neighbour."
A spokesman for Alton Towers said: "As far as we are concerned, the claim was struck out in January."
If the Ropers fail, it looks like it will hit them hard in the wallet.
Let the bitching commence....
