ON TUESDAY night, seven-year-old Lily Chapman knocked on Airlie Aqua Park owner Jason Ford's door, giving him a hand-written note she hoped would make a difference.

Lily wrote the note after seeing the Aqua Park on the news and learning it may be taken away due to nearby land-holders' complaints.

"I had to witness the sorrow on this poor girl's face which made me sad, then angry," Mr Ford said.

"(And now) I am more determined than ever to fight for what's right, for Lily and for every other child that deserves to have fun."

Yesterday Mr Ford won his first small victory in that fight at Brisbane's Supreme Court, where it was agreed the matter could be moved to Townsville to be heard.

"They (the land-holders) objected but they lost," Mr Ford said, adding the dates for a hearing were yet to be set, but in the meantime it would be business as usual for the park on Boathaven Beach.

On Sunday, about 300 members of the community rallied on the beach in support of the Aqua Park and Mr Ford.

"Rich people don't own this view, end of story," said Aqua Park creative consultant Jo Sweeney in an address to the crowd.

"At the end of the day it's a public beach - it's not private land."

And she wasn't the only one with an opinion about the nearby land-holders' supposed loss of amenity and views.

"Isn't it all about the kids having fun?" Rachel Farrell asked.

Mr Ford, who has hired a barrister and town planner at considerable expense, said he still couldn't believe this was happening, having followed the rules for a permit to operate from Whitsunday Regional Council, who the land-holders are also taking action against.

Boathaven Beach came under Council's control about two years after it opened.

It was built as part of the Port of Airlie development on reclaimed land.

Over 6000 customers utilised the Aqua Park in its first 10 days of operation. An online petition to support it can be found on change.org.