the councils surrounding edinburgh - west lothian, fife and midlothian - opposed the scheme. mid lothian circulated leaflets encouraging their residents to actively oppose the plans. in february 2005, these three councils were permitted to bring a petition to have the scheme declared unlawful in the court of session. they argued that the concessions for residents of the edinburgh council area who lived further away than some of their residents from the capital, made the scheme unfair. further they also asked for a declaration that the city of edinburgh council had acted unlawfully in not taking on board the recommendations of the public enquiry and that there were not legal powers to fund public transport beyond the city boundaries. scottish borders council also opposed the scheme and wanted the referendum extended to their residents.