Fife Council has ruled out independent legal advice on the Doubledykes railway crossing as “a waste of time and money”.
Councillors have voted against attempts to seek counsel’s opinion on whether the route over the new Levenmouth rail link is a right of way.
Transportation spokesman Altany Craik said the move would lead to a long and expensive legal battle.
However, he has pledged to continue high-level talks to secure active travel routes once the railway opens next year.
The decision followed a motion by Glenrothes SNP councillor Ross Vettraino, calling on the council to pursue the legal route.
A community campaign saw more than 1,400 people sign a petition urging Network Rail to retain the crossing.
But Doubledykes, along with two other crossings, was closed on August 31.
Campaigners are now fighting to get one of the three reopened.
Legal position is ‘at best muddy’
Mr Vettraino strongly criticised Network Rail for a lack of engagement with the community.
He said: “The high-handed attitude it adopted when it eventually did agree to engage has brought us where we are today.
“There can be no doubt the new Leven to Thornton rail link will bring huge economic benefits to the area.
“And that’s to be welcomed.
“But Network Rail, without any consultation with communities, chose to close these long-established rights of way.”
Mr Vettraino described the legal position as “at best muddy”.
“Local communities have been trying to get it clarified but have been unable to do so,” he said.
Doubledykes legal advice ‘Waste of time and money’
However, Fife Council leader David Ross stated independent advice was not the way forward.
“We have clear and unambiguous legal advice from our own legal advisers that is not the right way,” he said.
“To go out to counsel to tell us something we already know is just a waste of time and money.”
Mr Vettraino’s motion was put to the vote and defeated by five votes.
Councillors have instead agreed to continue working with Network Rail in a bid to resolve the issue.
Mr Craik said: “Network Rail and Transport Scotland have not handled this properly, despite representations from MPs, MSPs, councillors, community councils and council officers.”
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