The development of a landfill dump near Rathnew, Co Wicklow, may now proceed after a judge yesterday dismissed all aspects of a challenge by a local farmer to the development.
Ms Mary Pat Cosgrave is now facing a legal bill of more than €200,000.
The Commercial Court, a division of the High Court, also refused an application to refer to the Supreme Court legal issues arising from the proceedings taken against An Bord Pleanála by Ms Cosgrave, of Westbrooke, Rathnew.
Mr Justice Kelly found the proceedings raised no issue of exceptional public importance requiring determination by the Supreme Court.
He said Ms Cosgrave had not established any matters which required to be referred to the European Court of Justice for its opinion as to whether the matters should be decided by the Supreme Court.
On Wednesday the judge ruled that Ms Cosgrave had also failed to establish that her parallel proceedings against the State relating to the landfill raised any issues requiring determination by either the ECJ or the Supreme Court.
Mr Maurice Collins SC, for Greenstar Holdings Recyling Ltd, which plans to develop the landfill, applied for his costs of the six-day hearing. Mr Damien Keaney, for Wicklow County Council, also sought his costs.
Mr Collins said there was nothing exceptional in the case to warrant the court departing from the norm that costs went to the victorious party.
Greenstar had secured permission for the landfill last November but was unable to proceed because of the litigation.
Mr Michael O'Donnell, for Ms Cosgrave, asked the court to show sympathy and mercy and to make no order for costs as his client "has suffered enough".
Mr Justice Kelly said he was not blind to the human dimension of the case and could understand that any resident might not particularly welcome such a development beside them.
Last May he refused Ms Cosgrave leave to bring a judicial review challenge to ABP's grant of permission for the 180,000-tonne landfill development adjoining her lands at Ballnagran, Collbeg.
Yesterday counsel for Ms Cosgrave said Mr Justice Kelly's decision in May raised issues of exceptional public importance requiring determinations by the Supreme Court and the ECJ.
He said one issue related to his complaint that Wicklow County Council had failed to make available all relevant documents.
It was not until Ms Cosgrave had lodged her appeal to An Bord Pleanála that she became aware of the existence of other documents, including one from the National Roads Authority, opposing the landfill.