INDIANAPOLIS | A stalled attempt to build a garbage transfer station near the Indiana Dunes National Lakeshore got a boost Thursday from the Indiana Court of Appeals, but the legal battle isn't over.

The appeals court ruled against the commissioners of LaPorte and Porter counties, as well as Beverly Shores and Town of Pines officials, who are fighting the state environmental permit Great Lakes Transfer LLC received in 2005. The company, which wants to build a 5-acre waste transfer site off County Line Road, applauded the ruling.

"We're absolutely pleased, and we think it's a step in the right direction," said Amy Romig, an attorney for the Michigan City-based company. "We're pleased with the decision, and we do plan to do whatever we need to do to go forward with the project."

The proposed facility, which would temporarily store trash awaiting transport to landfills or treatment facilities, would be located on the edge of LaPorte County, about a half mile south of Mount Baldy, the mammoth sand dune that towers 126 feet above Lake Michigan.

"We don't think that a waste transfer station is appropriate just a couple thousand yards from the entrance to the national park," said Shaw Friedman, an attorney for LaPorte County.

Great Lakes Transfer won permit approval from the Indiana Department of Environmental Management, or IDEM, despite the objections of Porter County officials, who have refused to grant the company a driveway permit. Porter County controls the right of way on County Line Road, which runs north-south between Porter and LaPorte counties.

Local officials in both counties contend the lack of a driveway permit should have blocked IDEM from issuing a permit. The Indiana Office of Environmental Adjudication rejected that argument, leading to unsuccessful appeals in Marion County Superior Court and now the state appeals court.

"The judge's decision confirms what IDEM strives for, which is to ensure permit applicants comply with all regulations," IDEM spokeswoman Amy Hartsock said Thursday. "The IDEM permit doesn't supersede requirements that might be necessary at the local level."

Friedman said LaPorte County officials have refused to issue Great Lakes Transfer a building permit until Porter County grants driveway access. He said that issue remains pending in LaPorte County Superior Court.

"We lost this battle, but the war is not over," said Clay Patton, an attorney for Beverly Shores and the town of Pines.

Patton and Friedman said they will meet with their clients to discuss appealing the case to the Indiana Supreme Court or requesting a rehearing from the appeals court.