By Morag Lindsay
Donald Trump has renewed his legal challenge to an offshore windfarm which
he claims is ruining his plans for an exclusive golf resort in the north-east.
The US tycoon has raised a court action against Scottish Ministers who are
backing the Aberdeen Bay scheme.
He wants judges at the Court of Session in Edinburgh to judicially review a
decision made in March 2013 after the government at the time opted not to
hold a public inquiry into the proposal.
Mr Trump reckons the European Offshore Wind Deployment Centre (EOWDC) could
spoil the view from his golf course at Balmedie, Aberdeenshire, and has
threatened to stop investing there.
A previous bid to have a judicial review failed after judge Lord Doherty
ruled last year that the Holyrood administration had not acted illegally.
Yesterday, Mr Trump’s legal team began a further action before judges Lord
Gill, Lord Malcolm and Lord Menzies.
At the last attempt, Mr Trump’s lawyers argued that because the windfarm
was receiving public money through Aberdeen City Council and the European
Union there was an appearance of bias.
The team also claimed remarks made by former first minister Alex Salmond
about the certainty of the Aberdeen Bay project going ahead could be
interpreted that way.
Yesterday, it emerged that one of the key arguments in the legal challenge
would be over the interpretation of the 1989 electricity act.
Mr Trump’s lawyers argue that Lord Doherty interpreted the legislation
wrongly and came to an incorrect decision in not allowing the judicial
review to go ahead.
The businessman’s advocate John Campbell QC told the appeal judges: “To
adopt his approach you have two lots of rules for different people – those
with a licence, those without a licence, those who are exempt and those who
are not exempt.”
The judges will give their decision on whether a judicial review will be
granted at a later date.
Mr Trump has led a bitter public campaign against the EOWDC and has put
plans on hold for his £750million resort at Menie.
Meanwhile, a separate legal challenge is to be heard at the Court of
Session next month against an electricity sub-station needed for the
offshore centre.
Campaigners Edna Booth and Nicola Brown mounted a legal challenge last year
over fears toxic waste will be disturbed during construction at the village
of Blackdog.
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