NASSAU, BAHAMAS – The developer of Old Fort Bay is celebrating what it describes as a significant and hard-fought legal victory after the Court of Appeal sided with it in a contentious and prolonged legal battle against the Old Fort Bay Property Owners Association.
The developer, The Old Fort Bay Company Limited, represented by attorney Gail Lockhart Charles KC, noted in a statement that the Court of Appeal in its ruling had categorically rejected the Association’s attempt to claim ownership of the Old Fort Bay Club, Pineapple Grove, the beach reserve, and other areas of land within the Old Fort Bay development (including the land near the security gates).
“The Court of Appeal held that the developer has the right in its absolute discretion to deal with its land as it sees fit, and it confirmed that all unsold land within the Old Fort Bay development laid out by the developer belongs to the developer. The Court of Appeal further declared that the developer is under no obligation to grant beach access to purchasers of lots within Old Fort Bay, and it ruled that trial judge Madam Justice Indra Charles’ assessment of damages in relation to the beach reserve was both ‘irrational’ and ‘unprincipled’ and must be set aside,” the developer noted.
The developer further noted that the Court of Appeal unequivocally upheld its right to expand the Old Fort Bay Marina and declared that the trial judge had lacked jurisdiction to determine that additional information was required before the developer could expand its Marina in accordance with the Government approval obtained. The Court of Appeal determined that without a challenge to the planning approval, there was no basis for the trial judge to have determined that further information, including an environmental impact assessment, was necessary. Accordingly, the judge lacked jurisdiction to hold that additional information is required before the developer could expand its marina in accordance with the Government’s approval.
The developer further noted that the ruling represents a significant and hard-fought legal victory as it has been engaged in for more than a costly legal battle as a result of lawsuits commenced by the board of the Association and a few homeowners.
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