Residents have launched an appeal to the High Court against Cardiff Council's decision not to prevent a school being built on Rumney recreation ground.
The RREEL action group (Rumney Rec and Eastern Leisure) made an application for a judicial review on March 21, disputing the council's decision not to award village green status to the green space in Llanrumney.
The appeal follows the result of a public inquiry chaired by independent inspector QC Leslie Blohm, who campaigners say ignored evidence from residents.
The council voted in favour of his decision at a public protection meeting in January.
The group have challenged the council's plan to build a new high school on the site for more than three years, which would combine Llanrumney High School and Rumney High School.
The appeal was made to Cardiff Civil Jusice Centre and County Hall by RREEL treasurer Mel Plenty, MP Alun Michael and Denise Taylor, after gaining financial cover from an insurance company.
Mr Plenty said: “We said we would not give up without a fight. We are true to our word to the people of East Cardiff. The Rec is a precious community asset which should not be destroyed and denied to future generations.
"Everybody wants a new school but there is other land available to build on.”
The campaigners claim the land is eligible for village green status, as they have been using it as a green for generations.
Alun Michael said: “Our legal challenge to the Council’s extraordinary decision is a strong one.
"It will be a good day for the people of Cardiff and for confidence in the legal system if the courts tell the Council to register Rumney Recreation Ground as a ‘town or village green’.”
Charlotte Linacre, Campaign Manager at the TaxPayers’ Alliance said: “It’s a shame that costs are mounting and residents are unhappy.
"It looks like the council have been too quick to push ahead with plans despite a poll showing there could be strong public resistance. Cardiff Council mustn’t let costs spiral out of control, they should competently exhaust all other options before proceeding to the high court.
"Cardiff Council may well have missed opportunities to resolve and curb costs, if so they are failing taxpayers.”
A Cardiff Council spokesperson said: "The Council has not registered Rumney Recreation Ground with Village Green Status, following the recommendations from the QC who acted as an independent Inspector at the public inquiry.
"The Council followed the standard procedure in dealing with the application through an independent inspector and it acted in accordance with the legal advice which the Inspector gave in regard to the application. The Council does not consider that its process was flawed ”
We inadvertently suggested that Cardiff Council would not comment on this article. We were in fact waiting for a comment from them. This has now been added to the article above. The Cardiffian apologises for this error.