Published Wednesday, 19 September 2012
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The Department for Regional Development had planned to start work on the project soon - but the court action means that has had to be postponed.
The new dual carriageway is due to be built on some of the most fertile land in Northern Ireland, which has provided farmers with their livelihoods for generations.
Yet land owners are felling trees in these fields to sell as firewood, stripping the last assets from the land before it is taken from them.
So far, all protests have failed, but legal action against the building of the road is their final glimmer of hope.
In the last few days, land owners affected received vesting orders telling them that their land - through which the new road will run - is now in the possession of the Road Service.
But even before those letters could be delivered, the legal challenge had started.
If completed, the road will come within eight feet of Eddie Harvey's Newtownstewart home, where he and his wife raised their four children - all of whom have since passed away.
"'They are going to block my light and everything out, not to talk about the spray and dirt that's coming off this motorway you know," said Mr Harvey.
"What can we do about it, we can't do anything about it. It's just, it seems that it's going to go on."
A multi-million pound boost for the rejuvenation of two sections of the A5 - including a 15km stretch between Londonderry and Strabane and around 22km from Omagh to Ballygawley - was announced by the Finance Minister earlier this year.
The road was due to be jointly funded by the Irish government but Sammy Wilson revealed a £500m investment package in roads across Northern Ireland.
It is hoped the redevelopment will reduce journey times to the west but a campaign group set up to block the A5 from going ahead say the upgrade will wreck homes and if the judicial review fails, they are willing to take their battle to the European Parliament.
But there are others who believe the improved road will boost employment and bring much-needed investment to the Omagh area.
"It's absolutely essential nowadays that the proper infrastructure is in place," said William Young from the South West College.
"It's all about down the line industry coming to this part of the region."
The project is expected to take up to two and a half years to complete, and could create up to 800 jobs during its construction.
But those depend on a high court decision, for which a date is yet to be set.