As a result, The Bahamas’ finest new luxury marina and golf community will immediately resume development of its environmentally sensitive master plan in the Abacos on Great Guana Cay.
Responding to yesterday’s decision Mike Meldman, Chairman and CEO of Discovery Land Company, the Developers of Baker’s Bay said he was satisfied and delighted with but not surprised by the Supreme Court decision.
“It has been a long wait and a hard fight but we remained committed to the Baker’s Bay project and to The Bahamas. We were always confident that the outcome would be favorable. We fully expected that the truth would be recognized and justice would be served. The truth, of course, is that the Baker’s Bay project has abided by the laws of The Bahamas in all of our dealings and that we have consulted and respected the views of the people of Great Guana Cay and Abaco and will continue to do so,” Mr. Meldman said.
Mr. Meldman said he was pleased that Baker’s Bay could now proceed with its plans to build a resort community that will attract homeowners and visitors who respect and cherish the Great Guana Cay environment.
“As we have stated on many occasions Baker’s Bay Golf and Ocean Club will be the most environmentally sensitive development ever built in The Bahamas; a model that all Bahamians can be proud of and other developers can emulate. In the creation of this resort community we look forward to providing meaningful direct employment for current and future generations of Abaconians and other Bahamians as well as many indirect opportunities for entrepreneurial ventures,” Mr. Meldman said.
He also stated that the developers are committed to ensuring that Bahamians continue to enjoy access to the beaches as they have for generations and the presence of Baker’s Bay on Great Guana Cay will benefit the community to the greatest extent possible through currently established and future socially responsible programs and events.
In his one hundred and fifty-four page ruling Justice Carroll refused every relief sought by the Association. The Association failed in its attempt to have The Heads of Agreement (HOA) for the development declared null and void and stop the proposed development at Baker’s Bay on the basis that The Government had no authority to enter into such an Agreement with the Developers. The Association was also unsuccessful in prohibiting the granting of leases of Crown and Treasury Lands and concessions and exemptions contained in the HOA and their demand for public consultation prior to the granting or issuing of any leases, permits or approvals.
Environmental concerns raised by the opposition were extensively reviewed and addressed in the ruling, with Justice Carroll, noting that “Although I am not an expert in the field, I am most impressed, as an observer, with the mitigation regime outlined in the addendum to the Environmental Impact Assessment.” With specific regards to the Association’s claims of no public consultations on the proposed project before Government approval for the project, Justice Carroll noted that “there were three (3) public meetings held during 2004, all prior to the signing of the Heads of Agreement and all with the people at Guana Cay … It is noted that the residents/landowners did express their views and there is indeed evidence that those views were discussed and acted upon by the Government and the Developers.”
Justice Carroll further stated that “It appears obvious from the evidence that the Government, in considering this matter, was more concerned with the larger interests of Bahamians as a whole rather than with the obviously strongly felt (and understandable) apprehensions of the residents/landowners. It appears that the Government, whose call it was, was more concerned with more Bahamians in general getting some of the benefits promised by the Development than with the fears and apprehensions of applicants which the Government obviously does not share and believe are not well founded, looked at objectively.”
Discovery Land Company indicates that work is expected to resume immediately at Baker’s Bay and the company looks forward to welcoming back valued employees who had to be laid off in recent months due to the events that transpired.
