Court orders minister to take decision on beach-chair affair

February 24, 2015 8:38 AM
PHILIPSBURG - The Court of First Instance has given the Minister of Tourism, Economic Affairs, Transport and Telecommunications (TEATT) six weeks to make a decision in a dispute about the placement of chairs and umbrellas on the beach in Oyster Bay, which has already been dragging on for years.
 
The "beach-chair affair" involves three parties: Oyster Bay Beach Resort's owner Pearl Development NV, owner of Mr. Busby's beach bar Low Road to Heaven NV and Laissez Faire NV on behalf of The Great House apartment complex.
 
All parties claim rights to place beach chairs and umbrellas on the beach, but despite several court rulings up until now government has failed to make a decision on the matter.
 
During the hearing of this case, which was filed in November 2014 and heard by the court on February 2, 2015, lawyer Hedy Kockx said Mr. Busby has been renting out beach chairs on this beach for almost twenty years already, with permission from Laissez Faire. The land on which the beach bar and The Great House stand belong to Laissez Faire, which leases part of it to Low Road to Heaven.
 
According to Kockx, Low Road to Heaven is allowed to use the beach in front of the bar and in front of The Great House. She added that her client is making its chairs available to everyone, while Pearl's chairs are meant for resort guests only.
 
Pearl had requested government's permission to place an extra 80 beach chairs and 40 umbrellas on the beach, which would infringe on the space Mr. Busby has been using for years to put chairs for its guests.
 
According to attorney Douwe Boersema, Pearl is in possession of a business licence, which also includes offering service on the beach, including renting out chairs. He claimed Laissez Faire has no such permit.
Boersema told the court that the Minister of TEATT had sent a letter in which it was stated that the decision made in 2012 to grant the permit would remain in place. A legal expert of the Ministry confirmed this. He said that no new decision had been made awaiting the minister's approval of a new policy.
 
The Judge said that this was not possible, as the court had declared the decree null and void. "The minister cannot uphold a decision that has been voided by the court. You have to explain to the minister that a decision that has been voided by the court cannot be maintained," the Judge explained during the hearing.
 
By ignoring court orders, the latest of which was issued September 22, 2014, Country St. Maarten has already forfeited US $100,000 and NAf. 200,000.
 
"What is so difficult about making a simple decision about a request to place beach chairs on that beach?" the judge asked. "All this money is just wasted."
 
During the hearing, the judge urged parties to be willing to compromise and said she most likely would give the Minister some time to take a new decision. If no decision would be forthcoming, she would impose new penalties.
 
On Monday, the judge ordered the Minister to take a new decision within six weeks. In case of non-compliance, government will have to pay daily fines of NAf. 500 to a maximum of NAf. 50,000.
 
The Daily Herald
 
The parties involved are Low Road to Heaven (Busby’s beach Bar), Laissez-Faire (The Great House) and Pearl Development (Oyster Bay Beach Resort) and the Minister of Tourism, Economic Affairs, Transport and Telecommunications (TEATT).
Representative of both Laissez Faire and Low Road te Heaven is lawyer Hedy Cockx of HS Legal in Sint Maarten. Pearl Development is represented by attorney Douwe Boersema of Boersema Advocaten.
The Minister is represented by attorney Richard Gibson Jr. of Gibson & Associates.
 
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