PHILIPSBURG - The owners of Emilio Wilson Estate have launched court proceedings against government to force the finalisation of the purchase of the estate. Parties met in Court Friday afternoon during the hearing of the injunction filed by Emilio Wilson Estate owners.

 

The owners felt they had no other choice but to move in this direction after Minister of Finance Martin Hassink informed them on October 8, 2013, that government was unable to continue the negotiations on a "possible" purchase of the estate because Committee for Financial Supervision CFT had set conditions to the approval of the 2013 budget.

 

In his letter, Minister Hassink also pointed out that only a "possible" purchase of the estate ever had been discussed with the owners.

 

However, the owners claim that an agreement to purchase the estate was made and government should live up to its promise.

 

Via attorney Mark Meijjer, the owners claimed Friday that then-Acting Minister of Infrastructure William Marlin had confirmed in writing to the owners on June 3, 2013, that parties had reached an agreement on the purchase of the estate by government and the conditions of such purchase.

 

A draft sale and purchase agreement was drawn up and, according to owners, agreed to between the Ministry of Public Housing and Spatial Planning, Infrastructure and Infrastructure (VROMI) and the estate. At that time the only outstanding matter was the approval of the 2013 budget.

 

According to the owners' attorney, Marlin confirmed that the sales and purchase agreement would be carried out when the 2013 budget was approved. Marlin apparently sent a copy of this letter indicating this to the Council of Ministers. The 2013 budget was approved by Parliament on September 16, 2013.

 

Government, represented in the injunction by attorney-at-law Mathijs Hofman, is arguing that the purchase of Emilio Wilson Estate was contingent on government obtaining a loan or bond that since has been disapproved by CFT.

 

Hofman said the injunction was filed to put government under pressure to close an agreement as soon as possible.

The owners of the estate claimed that at no time was the finalising of the purchase by government discussed as contingent on a loan or any type of financing. It also was not laid out in the agreed-upon sales and purchase agreement.

 

Despite numerous efforts by owners to close a sale and purchase agreement with government, none had yielded any results or had led to any down payment, Meijjer said, stating that the failure to reach an agreement led to a monthly cost of US $10,000 for owners.

 

Minister Maurice Lake was summoned by the attorney of the owners on December 20, 2013, to confirm in writing, within 72 hours from receipt of the letter, that the sales and purchase agreement dated April 19, 2013, ultimately would be signed on December 27, 2013, and that the contractual, agreed-upon, non-refundable down payment would be made by January 10, at the latest. The letter was copied to Prime Minister Sarah Wescot-Williams and Minister Hassink.

 

In response the Prime Minister requested more time for the Council of Ministers to provide an official response on December 30, 2013. The owners' attorney wrote back on January 2, informing the Prime Minister that if the official response would be a confirmation that the agreement would be signed and the down payment would be made, even at a later date, the owners would consider postponing court proceedings at that time, depending on the exact dates. However, no response had been received, Meijjer said Friday.

 

Prime Minister Wescot-Williams and then-Minister Marlin had confirmed on August 1, 2012, that government would purchase a part of the Emilio Wilson Estate for US $17 million. They said government would purchase 370,000 square metres of the property and had granted owner of the property Henri Brookson permission to develop the remaining 60,000 square metres for housing, according to Marlin.

 

Marlin explained at the time that the existing park and historical structures were all in the area government intended to purchase. Brookson's 60,000 square metres would begin 50 metres behind the present park and would run parallel to the Retreat Estate property. Marlin said government had no objections to allowing Brookson to develop his portion of the property for housing, as Retreat Estate was already a residential area.

 

As for what government intended to do with its portion, Marlin said, "It will be for the people," and there was no blueprint for development at that time.

 

Attorney Meijjer said the matter had already been dragging on for 10 years. "You cannot simply cancel an agreement because your housekeeping book is not in order," he said.

 

Government contested that any agreement had been closed because the Council of Ministers and the Governor had never been involved, as is required. The Ministry of VROMI had also never been mandated to close any contracts, it was said. Also, the Kingdom Law on Financial Supervision does not allow the closure of financial agreements of this nature, the government lawyer said.

 

Hofman called the requested penalties to be imposed on government in case of non-compliance "disproportionate, fully unrealistic and unreasonable."

 

Brookson said on Friday that he was "angry and disappointed" at the government which is not complying with the rules. "A zoning plan was never made. The goal posts were moved time and again and businesspeople were thwarted...I want clarity," he said emotionally. The Judge will give his decision February 21.