The Bermuda Environmental Sustainability Taskforce (BEST) has launched legal action against the Minister of Home Affairs over a special development order (SDO) for Tucker’s Point.

A writ was filed by the organisation earlier this month listing Michael Fahy, the Minister of Home Affairs, in his capacity as the Minister responsible for planning, as the respondent.

The Tucker’s Point Residential Development (Hamilton and St George’s Parishes) Special Development Order 2011 was tabled in the House of Assembly by former Minister of Environment and Planning Walter Roban.

While the original order would have allowed the resort owners to build an additional 78 private residents and 70 hotel rooms, it was reduced in scale from 63 acres to 44 acres after the Senate expressed concerns about the impact of the project.

Mr Roban said the success of the five-star resort was vital to the Island’s future but the United Bermuda Party continued to express concerns, with then Shadow Finance Minister Bob Richards calling it a “property development masquerading as a tourism development”.

Ombudsman Arlene Brock subsequently said in a report that the then Government had acted unlawfully by approving the SDO without first carrying out an environmental impact analysis (EIA).

The resort went into receivership last September, reportedly facing debts of more than $150 million.

While BEST chairman Stuart Hayward was off the Island yesterday and unable to discuss the writ, the organisation was one of several who fought against the special development order from its inception. BEST had argued the proposed development could cause lasting environmental damage without making more than a “tiny dent” in the resort’s growing debts.

The Ministry of Home Affairs did not respond to a request for comment.