Residents launch High Court battle to save homes from demolition
Stoke-on-Trent City Council wants to bulldoze 19 homes in Eaton Street, Northwood, after a 2004 survey found the buildings had serious structural problems.
Residents, who believe their houses are sound, took the decision to take the fight to a public inquiry.
But a Government inspector sided with the council and confirmed Compulsory Purchase Orders (CPOs) for the condemned properties last year.
Now residents of the six homes still occupied are taking their case to the High Court for the third time, on the grounds that their human rights were infringed and the CPOs were issued illegally.
The group's barrister, Robert Lewis, will argue that the decision to make the CPOs should have been made by the Director of Community and Adult Services.
However, the officer who actually signed off the orders, the Director of Law and Probity, had no legal authorisation to do so.
His report to the High Court judges states: "The purported authorisation to him to make the CPO was misguided and demonstrates the fundamental misunderstanding regarding the powers of the officers, both individually and collectively, that lay behind this matter at every stage."
The court will also hear that claims the council failed to investigate how the evictions would affect families and an alternative option to repair their homes was not properly explored.
The report adds: "They had not investigated the extent to which the CPO and consequent eviction from their homes would affect the employment, education, medical treatment, family support etc of the claimants and/or their families."
The city council declined to comment until after the hearing.
Protesters believe they have an "extremely good case" and Mr Lewis rates their chances of success at 75 per cent.
Campaign organiser Peter Haynes, chairman of the Northwood Residents United group, said: "We have spent more than £40,000 on this four-year battle to stop residents being forced out of their homes.
"We are very hopeful the decision will go our way and then we will want answers from the council. If we win it shows the council has broken the rules and certain officers should be shown the door.
"We think the council has robbed this community and people have suffered through them not carrying out their procedures correctly.
"This could pave the way for people who have left the street to bring legal action against the council."
The hearing is scheduled to finish tomorrow.
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