The legal opposition came from the Coalition for the protection and conservation of Stocking Island, in conjunction with Howland Croft Bottomley.
The group was granted an injunction by the court in July 2003, which allowed them leave for judicial review. Bottomley and his group sought relief to challenge Government permits granted to George Godfrey and his company, for excavation of a lagoon for a 15 slip marina and to build cottages, as well as a restaurant along the beach. Those permits were issued in 2002.
In a recent interview with The Nassau Guardian, Mr. Godfrey explained what difficulties his company faced and how drastically the work needed to done, in order to complete the hotel was affected.
“We had to pay off all our staff, cancel contractors that were working, cancel building supplies already ordered from the United States. These actions have caused us much financial loss and in addition have caused the delay of our resort opening for the festive season setting us back another year,” Mr. Godfrey emphasized.
As regards the current progress of works, he said, “we have again hired a contractor to start the seawall and marina supplies are enroute, and buildings are in progress.”
Justice Jon Lyons gave ruling on Nov. 20, 2003, dismissing the application and dissolving the injunction. “I am unable to find any merit in the challenge to the dock licence. It seems to me that the Act does not apply to it. I am unable to find any area in which the issue of this licence can be successfully challenged under the provisions of The Building Regulations Act, the Act under which it was obviously issued,” the judgment read.
As regards the challenge to the dredging permit, Judge Lyons ruled it unsuccessful.
“I also consider the futility of the exercise would render it inappropriate that the court grant relief,” he said noting that the dredging was complete. “It cannot be undone; the applicants could have brought action much earlier, when they first knew the dredge was in operation,” he stressed.
Moreover, Mr. Godfrey said: “Our attorneys will now be taking legal action to put a stop to the atrocities and also to recover our financial losses. These people have to be accountable for their malicious behaviour.”
The developer of the $2.5 million venture said: “Had they succeeded with their legal quest it would have had devastating consequences to all existing and future investments authorised by the government.”
By Jimenita Swain, The Nassau Guardian
