BBCIt will be heard in December, she added.
“Despite the setback of the judgment, I am determined to find a way forward that sees the road built as soon as possible to ensure that we save lives.
“The most important point made by the court was the need for a new and safer A5 dual carriageway – that is my focus,” Kimmins said.
What is the A5?
The road is the Northern Ireland part of the major arterial route that connects the north-west of the island – Donegal and Londonderry – to Dublin, via towns including Strabane, Omagh and Aughnacloy.
The dual carriageway scheme was first announced back in 2007, but has been beset by a number of delays.
BBC News
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