A Court of Appeal has ruled that the State illegally expropriated private land in St Paul’s Bay to facilitate a private development, confirming that the move amounted to an abuse of power.In two judgments delivered on 13th July, the court upheld earlier rulings that the government’s expropriation of 440 square metres of land belonging to the Attard Montalto family was null and void, ordering that the land be returned to its owners.The case dates back to 2006, when developers SIAR Property Investments and Rite Mix (Gatt Brothers) were constructing an eight-storey apartment block on Triq it-Tonn.According to the judgments, the Planning Authority approved changes to the area’s planning guidelines, supported by Transport Malta, allowing a dead-end street to be turned into a road with two frontages.The court found that this change primarily benefited the private development by giving it improved road frontage and unobstructed sea views, with the roadworks set to take place on privately owned land using public funds.Transport Malta argued that the project was intended to create a turning area for refuse trucks following a request from the local council. However, evidence presented in court contradicted this claim, with a refuse collector testifying that waste collection had never been hindered in the area and a St Paul’s Bay Local Council representative stating there were no records of any request for such a turning circle.The Court of Appeal concluded that the road alignment was altered specifically to accommodate the developer’s building line, rejecting the authorities’ arguments and finding that the expropriation served private rather than public interests.As a result, the court confirmed the cancellation of both the expropriation order and the planning decision, bringing to an end a legal battle that has lasted almost two decades.What do you make of this?•