THE ALLIANCE Against the BNRR, the group opposing construction of the Birmingham Northern Relief Road, vowed on Tuesday to take its fight to the House of Lords.
The group made its decision after the Court of Appeal overturned its challenge to statutory orders needed to build the road.
The Alliance maintains Deputy Prime Minister John Prescott gave consent for BNRR illegally.
The group claims this was done to avoid costs that would have arisen from the cancellation of Midland Expressway's 53 year concession agreement (NCE 8 October 1998).
However, Midland Expressway managing director Tom Smith said the Alliance can only take its case forward by direct petition to the Lords.
It has one month to drum up support for a hearing.