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CoH launches legal action against Government

City Hall: The home of the Corporation of Hamilton (File photo by Mark Tatem)

The Corporation of Hamilton has launched a new legal action against the Government, according to a recently published writ.

The writ, filed on Thursday by J2 Chambers, cites Municipal legislation and the Government’s “exercise of control over various functions of the Corporation of Hamilton”.

Respondents listed in the writ include the Attorney General of Bermuda, the Minister of Home Affairs and the Ombudsman for Bermuda.

Neither the Corporation nor the Government responded to requests for comment as of press time last night. The writ is the latest in a series of actions launched by the Corporation against the Government.

Last year, the municipality sought to overturn Government legislation returning voting rights to city-based businesses.

It also tried and failed to block former Ombudsman Arlene Brock’s findings of rampant maladministration at the municipality being made public, while Mayor Graeme Outerbridge and Deputy Mayor Donal Smith were found to be in contempt of court for failing to cooperate with the Ombudsman’s probe.

Following the report’s release last December, Government temporarily took control of the municipality’s finances, sparking another legal challenge from the Corporation.

The Government voluntarily returned the Corporation’s financial independence in March on the proviso that the municipality obeyed a set of Financial Instructions — basic rules and regulations — that were drafted with the cooperation and approval of City Hall administrators.

At that time, it was reported that the municipality was considering further legal actions against the Government and that Home Affairs Minister Michael Fahy warned them that further legal challenges could lead to the municipality being replaced by a board of administrators.