Case in which the Portobello Park Action Group Association sought Judicial Review of the City of Edinburgh Council’s decision to appropriate part of Portobello Park in order to site a new Portobello High School. The action group argued that it was unlawful for the Council to appropriate the park which is common good land.
Although it was unclear exactly when the decision to appropriate the park had been reached, Lady Dorrian found that “at the very latest” the decision had been made in March 2010. As the action group did not bring the case until July 2011, there had been considerable delay which was indicative of taciturnity and acquiescence and Lady Dorrian dismissed the petition on the basis that a plea of mora had been established.
The successful plea of mora meant that it was not necessary to reach a judgement on the Council’s decision. However, Lady Dorrian indicated that if she had been required to do so, she would have found that the Council does have the power to appropriate inalienable common good land.
The full judgement is available from Scottish Courts here.