Connie Ferguson has confirmed that she will be returning to Generations after weeks of dodging circu.
Resident Keith Fawcett said they approached the Western Cape High Court last week following a failed attempt in March to halt construction.
The residents' association maintained that the R54-million plaza could not go ahead without Parliament de-proclaiming a portion of land that was part of the Table Mountain National Park.
Judge Rosheni Allie dismissed, with costs, the first application on the grounds that it was not urgent. She said the applicants were aware as early as September last year that Western Cape Premier Helen Zille and transport MEC Robin Carlisle intended to continue with the project and construction.
She said the application did not comply with proper procedures, as inadequate time had been given for a sufficient response to the 346-page document filed.
The respondents were Entilini, of which Murray and Roberts is a senior partner, SA National Parks, Zille, Carlisle, and Water and Environmental Affairs Minister Edna Molewa.
Attorney Gregory Daniels, for the residents' association, said the urgent application was made on Thursday and he was waiting for all parties to respond.
"Last time, all of the parties did not have time to prepare. Here, we have time. We have set down May 28 as a tentative date for the matter to be heard, but this may change depending on people's schedules," he said.