The company developing the Baker’s Bay Ocean and Golf Club at Guana Cay in the Abacos is assuring that its controversial project is on track.
On May 26, Supreme Court Justice Stephen Isaacs denied an injunction filed against the government by the Save Guana Cay Reef Association to halt construction of the project.
In an advertisement running in local papers this week, the developers said this dismissal marks a victory for the Bahamian government, the Discovery Land Company, and the Bahamian people.
The dismissal of the substantive claim challenging the heads of agreement was critical to bolster confidence of foreign investors making investments in The Bahamas, the developers said.
In dismissing the matter, Justice Stephen Isaacs said, “It is noted that none of the landowners at Guana Cay, the core supporters of the applicant, have exposed themselves to costs, or have taken any shares in the company making the application-Even had the property owners of Guana Cay been properly before the court, it would be impossible, based on the material before the court, to show that their property was going to be directly affected by the development.”
Justice Isaacs said, “This court accepts the position of Wendell Major (as Secretary to the National Economic Council) that the NEC is not an ad hoc committee, but is in fact the entire Cabinet, and is therefore effectively the government.”
In reacting to the ruling, Minister of Financial Services and Investments said, “The ruling was a good decision since the Guana Cay project is expected to become the anchor property for not only the Abacos, but the entire northern Bahamas.”
Steve Adelson, a partner in the Discovery Land Company, said, “We’re extremely excited about the outcome of the ruling and look forward to getting to work building an environmentally sensitive development and providing jobs and business opportunities for Bahamians.”
But Guana Cay residents are still intent on waging war on the Baker’s Bay development despite the legal blow that their case sustained two weeks ago in the Supreme Court.
The attorney for the Save Guana Cay Reeef Association Fred Smith has filed an appeal against the judgment of Justice Isaacs.
Critics of the development continue to challenge its size and maintain that it will harm the environment.
Mr. Smith pointed out recently that the development would occupy nearly 600 acres of land, more than one third of Great Guana Cay.
The opponents have also repeatedly alleged that they were not properly consulted. But Justice Isaacs ruled that the Government of The Bahamas has no legal obligation to consult the public before approving development.
Government officials – who have maintained all along that the development is in the best interest of The Bahamas – had been closely watching developments in this matter.
In early May, just before falling ill, Prime Minister Perry Christie weighed in on the controversy which had been waging at the time.
In an interview with The Bahama Journal, he said, “I know more about Guana Cay than I have spoken about. You see, I had the benefit of having a non-Bahamian visitor to my office on several occasions together with correspondence indicating that there is an interest in that part of the island that the developers have purchased.
“I’ve had strong expressions of interests by non-Bahamian investors in Guana Cay, most certainly a non-Bahamian investor of some consequence in the Crown Land and the Treasury Land, part of which is going to be used.
“And so I understand how people who feel aggrieved could manifest that and what they’re prepared to do. Having said all of those things, constitutionally, we believe we are right in what we’re doing and the courts will have to rule on that.
“But in any event, the Guana Cay development proceeds. It proceeds because it’s the right thing for Guana Cay; it’s the right thing for Abaco; and in years to come, those young Bahamians and Abaconians will-applaud us for [approving this development].”
By: Candia Dames, The Bahama Journal
