Members of the Save Guana Cay Reef Association will have to wait until next month to learn the outcome of their application for an injunction to stop work on the $500 million Baker’s Bay development project.
Baker’s Bay has already agreed to stop all essential work on the Abaco development pending the outcome of the case. The Save Guana Cay Reef Association (SGCRA) has named Prime Minister Perry Christie, as the minister responsible for Crown Lands; Wendell Major, as secretary to the National Economic Council; and Eugenia Cartwright, in her capacity as treasurer in the lawsuit.
Representing the association is Fred Smith, who is arguing that Prime Minister Christie and representatives of the government neglected to consult with any of the residents of Guana Cay, Abaco before the Heads of Agreement was signed.
Ruling that the group did not have sufficient interest, the case was initially dismissed by Justice Jon Isaacs who refused an injunction and revoked leave to issue judicial review.
The judgment was appealed in November of last year. During that hearing the Court of Appeal ruled that the case should be heard in its entirety and on its merits.
The case is being heard by Acting Justice Norris Carroll, who has asked to be introduced to the case but indicated that due to the amount of material, he could not make any decisions.
The application for the injunction, any cross-examination and discovery were adjourned until February 3rd. Formal proceedings are scheduled to begin on 13th-15th of the month.
Thursday’s court proceedings marked a continued push by a group of Guana Cay residents who feel that the government has treated them “deplorably” by approving the proposed $500 million project without public consultation.
Environmentally, the SGCRA claims that despite assurances from the government’s Economic Impact Assessment (EIA), the agreement should be rescinded, as dredging for the slip marina will cause untenable aesthetic scarring to the area’s ecosystem, regardless of the environmental safeguards proposed by the Discovery Land Developers.
Representing the association along with Mr. Smith is George Missick. The respondents are represented by Leif Farquharson, Loren Klein and Kayla Greene. The Attorney General has also brought in Dr. Lloyd Barnett from Jamaica.
The developers are represented by Michael Barnett, Robert Adams and Randol Dorsett.
Steve Adelson, developer of the project, said the company’s plan was formed based on the environmental concerns voiced by residents through town meetings, including key local residents and consultation with governmental officials.
He told The Bahama Journal that his company has been sensitive to the issues and has adjusted the essential aspects of the development accordingly.
“It is the most environmentally sensitive development plan that has been undertaken not only in the Bahamas, not only in the Caribbean, but I think it is fair to say in the world,” Mr. Adelson said.
“I am very proud of the way we are handling and constructing the marina [as in] the flushing of the marina, which is one way to study the environmental management of the marina. It is unheard of in the world and exceeds all regulatory standards,” he said.
“The golf course is being developed like no other golf course in the world, maintaining all the run-offs onto the property, none of it reaching the ocean, the type of grass we’re using – all these things were in response to concerns that were raised during the public process,” Mr. Adelson said.
The developer said Discovery Land has a track record of completed projects throughout North America.
Discovery Land entered into a Heads of Agreement with the government to develop a luxury 75-room hotel, 350 homes, 585-acre luxury golf course and 180-slips.
Mr. Adelson said they voluntarily stopped work pending the outcome of the case and that has caused some job cuts.
“We have 75 people that are currently employed-but what we’re sad about is that we have a lot of friends that we started working with then we were asked to stop work and they’re out of work for a while and we want to put them back to work,” he said.
Mr. Adelson said the development would ensure billions of dollars in the economy.
“I am confident that we have a very strong plan and approach in place to actively and adequately deal with the environmental issues,” he said.
By: Daphne McIntosh, The Bahama Journal
