Leaked legal documents relating to a Supreme Court action by the would-be developer of the Hamilton waterfront attack the constitutionality of the legislation that allowed Government to void the development and lease agreements, to which he was a party.

Michael MacLean, of Allied Development Partners Ltd (ADPL), filed an action by summons dated February 11, against both Attorney-General Trevor Moniz and Home Affairs Minister Michael Fahy over the annulment of his lease with the Corporation of Hamilton — a matter that gave rise to a claim for compensation that is awaiting the outcome of arbitration proceedings.

Mr MacLean sets out his alleged losses in a February 9 affidavit, supplied to this newspaper, which details his claims for compensation. ADPL was the operating company established by Mr Mac- Lean in 2012 to undertake the proposed development of the waterfront land leased to the Allied Trust.

The developer’s plan, which had been to work on more than 20 acres of City waterfront, stretching from Barr’s Bay Park and including the docks, was formalised with the Corporation in December 2012, shortly before the One Bermuda Alliance won the general election.

Shortly thereafter, Mr Mac- Lean said, a 262-year ground lease was agreed, beginning December 21, 2012.

Mr MacLean said that he met then Premier Craig Cannonier later that day, which was the Friday evening after the election, claiming that the Premier had expressed a desire to meet him as the developer of both the waterfront and the Par-la-Ville hotel.

Mr MacLean’s affidavit implies a strained relationship with Government, which The Royal Gazette is not at liberty to describe in detail because the case is pending before the Supreme Court.

Mr MacLean also alleges a split between some members of Cabinet who were proponents of the waterfront development, and others who opposed it.

He further questions strongly the basis upon which Arlene Brock, the Ombudsman, decided to pursue an investigation into the corporation’s governance, launched in May 2013.

In March 2014, the voiding of the waterfront agreements was approved by the Senate after the move was approved by Parliament, in a session strongly split along party lines.

Overall, Mr MacLean claims an entitlement to compensation in an amount of $90 million as a result of the failure to perform the waterfront agreements.

After last Friday’s presentation of the 2015-16 Budget, Finance Minister Bob Richards was asked if the Government had put money aside to cover potential losses over the legal action.

However, Premier Michael Dunkley responded that it was “way too premature” to comment on the issue, adding that it was difficult to budget for the unknown.