The Court of Appeal yesterday dismissed an application by opponents of the $175 million Guana Cay development to appeal to the Privy Council the decision to allow the developers to resume work on the project.
The Save Guana Cay Reef Association, and its attorney, Fred Smith, had sought to appeal the Court of Appeal’s decision that relieved the Baker’s Bay Golf & Ocean Club developers, Discovery Land Company, of their November 2005 undertaking not to do any new work on the project.
However, the Court of Appeal dismissed the leave application and the Association’s application for an injunction against both the Government and the developers.
The Court of Appeal described the Association’s application as being without merit, and ordered it to pay costs worth $18,000. The court also criticised the Association for attempting to litigate the issue through the media.
Michael Barnett, the Graham, Thompson & Co partner who is attorney for the developers, said in a statement: “There is no legal impediment to the developers continuing with their development, which is based upon the principle of utmost respect to the environment.”
“We feel satisfied that justice has been served and will be served in the future,” said Steve Adelson, a partner in Discovery Land Company.
“Baker’s Bay will be a model development for the Bahamas from an economical and environmental prospective.
“We are excited about what the future will hold. The 120 Bahamians we employ are back to work with a renewed and restored confidence.”
Discovery Land Company resumed work on Great Guana Cay on June 1 following the Court of Appeal verdict that relieved it of the undertaking given on November 22, 2005, in which it promised not to do any more work at the development site.
It gave the undertaking on condition that the legal action being brought by the Association, which is attempting to stop the development, be heard on its merits in the Supreme Court by the end of January 2006.
After several delays, Acting Justice Norris Carroll heard the trial on the substantive issues in February, but has yet to deliver his verdict. As a result, Discovery Land Company successfully appealed to the Court of Appeal last month that its interests were being harmed by the length of time being taken to decide the Supreme Court case.
The Association’s latest appeal, defeated yesterday, resulted from concern that the Court of Appeal decision that lifted the stop work undertaking from the developers could impact the Supreme Court case.
Dispute
The dispute between the developers and Association over the Baker’s Bay investment project has raised a host of issues relating to this nation’s processes for approving major investment projects. Apart from consultation with local populations and Nassau imposing its vision for the development of the Bahamas on areas that may not want major projects, the controversy has also highlighted the need for a National Land Use policy and the leasing of Crown and Treasury land to developers.
Some 105 acres of Crown Land and 20 acres of Treasury Land are being leased to the developers at what the Government describes as “normal commercial terms”.
While Discovery Land Company has pledged that 66 acres of the leased land will be used for a nature preserve accessible to Bahamians and Guana Cay residents, the issue has sparked debate on whether Crown and Treasury Land should be reserved exclusively for the benefit of Bahamians.
Issues
Other issues raised by the battle include the transparency involved in the investor approvals process in the Bahamas.
By NEIL HARTNELL Tribune Business Editor
