Supreme Court Justice Jeannie Thompson has ruled on a feud between two foreign investors in a decision that could lead to the resumption of plans for an $18 million development on Great Harbour Cay in the Berry Islands.
Attorneys for investor Benjamin Schmill have secured court backing to block the former owners from gaining access to several pieces of property.
It essentially means that the Fender family, who had been living at the Cayﾴs beach house since February, were ordered out and has been barred from the adjoining marina, liquor store, warehouse and airport area.
According to Mr. Schmillﾴs lead attorney Valentine Grimes, his client is relieved. He and his family have been living at the British Colonial Hilton hotel since the acrimony started a few months ago.
At that time, the developer was forced to vacate his home after the Fender family of three moved into his resort. It happened just as Mr. Schmill was about to sign off on a Heads of Agreement with the government for a multi-million dollar project.
The propertyﾴs previous owners, Southward Ventures Depository Trust, of which the Fenders are a part, claimed that Mr. Schmillﾴs lease agreement was invalid and insisted that they never received payment from Pristine Resorts, an allegation Mr. Schmill has continuously denied.
Mr. Schmill reportedly entered a 10-year agreement with Pristine Resorts in March 2000 to manage the Great Harbour Cay property.
In her ruling, Justice Thompson pointed out that three of the defendants ﾖ merely acted as the ﾓalter egoﾔ for Tirrell Fender, who had been trying to convince the judge that he was never paid in full for the property and that the documents referred to were erroneous.
In her ruling Justice Thompson said that evidence submitted by E. Dawson Roberts showed that he admitted selling everything he owned, ﾓthe full purchase price of all the agreements had been received and that there was no contingency.ﾔ
ﾠﾓMr. Schmill and his associates are very, very happy with the outcome of the hearing,ﾔ Mr. Grimes told the Bahama Journal yesterday. ﾓSubstantive issues must still be resolved but Mr. Schmill, who is presently in Israel attending family matters. [He] will be back shortly to resume work on his property.ﾔ
According to Mr. Grimes, his client is all too happy to put the legal wrangling behind him.
ﾓHe is anxious to proceed with negotiations with the government so that his project could continue to a successful conclusion,ﾔ he said. ﾓHe and his associates can now conclude the Heads of Agreement that had been negotiated and then proceed with the specifics of the project.ﾔ
The planned development, which was announced last November at the PLP Convention by Prime Minister Perry Christie, would include a 20-room boutique hotel, beach club, 40 beach villas and the renovation of the existing golf course.
ﾓThe Great Harbour Cay project is a significant employer of individuals in the area and there are a lot of activities centered around it,ﾔ Mr. Grimes said.
But despite the court ruling in his favour, Mr. Grimes expressed disappointment he has received no word from the police regarding an investigation into the matter.
ﾓWe are very unhappy how things transpired, and we are anxiously waiting for an outcome,ﾔ he said.
Macushla N. Pinder, The Bahama Journal
