A couple living close to Alton Towers will now certainly bring the theme park to the High Court in the culmination of a decades-long dispute over noise levels.
Stephen and Suzanne Roper have launched a series of failed legal attempts against the park since 2002, but in November last year were given the right to fight for an injunction and damages.
At a hearing yesterday, Alton Towers had a request to appeal the ruling rejected and were ordered to pay the Ropers £8,500 in costs.
The couple, who are millionaires, have been refused financial protection from costs if they are to lose the case.
Their solicitor earlier this year described the potential “grave financial consequences” of being unsuccessful.
A trial will now take place at the High Court at a yet-unknown date.
A spokesman for Alton Towers said: “We are disappointed with the judgment and we will continue to defend our position.
A successful injunction could force Alton Towers to modify, relocate or even cease to operate some rides. The Ropers could also be eligible for compensation backdated to 1998.
The Oblivion rollercoaster is at the centre of the dispute, with the Ropers seeking financial compensation dating back to its construction date 14 years ago.
They were semi-successful in court in 2004, and speakers playing a dramatic “don’t look down” message were removed as it was determined that they evoked screaming, which could reportedly be heard in the Ropers’ garden.