2nd West Bay Rd action filed

| 15/03/2013

IMG-20130112-00424 (240x300)_0.jpg(CNS): A West Bay resident has filed a legal action against the closure of a stretch of the West Bay Road as part of a proposed deal with local developer Dart and has received legal aid to do so. Rupert Ackerman has filled the second legal challenge to the closure against government and the National Roads Authority, which is seeking a judicial review to prevent the government from implementing any of the deal it struck with Dart Cayman Realty ltd in December 2011 in relation to the ForCayman Investment Alliance. It is understood that the applicant was granted legal aid to bring the action, which aims to quash the entire deal.

Ackermon claims that the government and NRA’s decision to sign the deal and the subsequent actions from it, such as closing the West Bay Road are erroneous in law, unconstitutional and contrary to the principals of natural justice. The applicant is asking for the West Bay to be kept open and for the crown land to remain the people’s property

In the grounds of the application Ackermon says the respondents were not lawfully entitled to make the deal and have acted “unfairly and procedurally improperly” and that the decision was unreasonable.

In a relatively short application Ackermon says government has not acted lawfully or rationally and failed to “provide open and accountable government.

Legally, the applicant said, the agreement is contrary to the Governor (Vesting of Lands) Law 2005 and that government failed to follow proper procedure or provide adequate opportunity for those affected to make representations.

In reference to the timing, the applicant points out that every effort was made to persuade government not to act and to avoid legal proceedings but every attempt at dialogue was ignored, as were requests for information. He also states that there was considerable difficulty in securing both funding and representation for the action.

The writ was filed by Campbells, who have instructed local QC Neil Timms.

The action follows one by a group of four women in West Bay, who filed a writ of summons on 25 February claiming, among many other issues, that the closure of the West Bay road would constitute a breach of the bill of rights.

Following the filing of action by the new owners of the Ritz Carlton the minority administration is now facing three high profile costly writs that it will be forced to deal with, which are a result of actions or inaction during the period since the new premier took the helm of government.

See the West Bay Road writ and judicial review as well as the Ritz Carlton action below.

Category: Politics

Comments (45)

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  1. Anonymous says:

    Too late, road opened this morning. What you should campaign for now is for speed cameras to be put on that stretch of road – three to one there will be a major accident before the end of this week. Some drivers this morning were going absolutely crazy, weaving in and out of traffic, speeding well in excess of 40 mph. You are putting the lives of other road users at risk.

  2. Richard Wadd says:

    Just this week we had a MAJOR Investor pull out of sizable Development project that we’ve been working on for over 2 years.
    Why?
    Because they do NOT Trust the Cayman Islands Government!
    They fear that the Govt will not honour the terms of the agreement after it has been signed.
    Yes, they could Win any relevant Legal Action, but it just isn’t worth the risk &bother, so they are headed to Latin America instead.
    The World is a village, and the word is that ‘Cayman’ has no integrity.

  3. Anonymous says:

    Gawd, this has becoming the "whining and complaining blog".    Unless I am a complete idot, and unless everyone I speak to are idiots, I am pleased with the development and am looking forward to the new park and eventually the new hotel (if Camana Bay is any barometer).  I dont get what all you guys are thinking, and think you are in the minority.    Just complaining, and complaining and complaining.   My gawd, put your preachy nonsense to helping Cayman's youth or our less fortunate Caribbean neighbors.    Just maybe…..maybe….you dont know what the heck you are talking about.    Grow up and give your head a shake.  We have no manufacturing here, no natural resources……..do you want your children to move ot the US after they graduate college because there are no opportunities here?   Like my relative in St Kitts?   

  4. Anonymous says:

    This issue has been so divisive. it is time now that before the election that we hear from the leaders of all the parties and the indepenents as to where they stand on this issue so that we can vote effectively. We all know where the UDP , UDP Lite and Ezzard and Arden stand but why hasn't Alden and whomever is the leader of the C4C and of course the "other independents stood up and said anything.

    This is the one thing I hate about politics in Cayman. Everyone wants to get elected but no one has the guts to take a stand an be counted either way.

    I am a George Town voter and I have to say that I still am so undecided about who to vote for. all I keep hearing about is how someone grew up, and what they did when and were. I want to know where they stand on issues, how they will move this country forward and whether or not they are going to be the same old bought and paid for politicians that we have now.

    Oh and the one thing I have decided, I will not be voting for anyone that has taken part in this previous government. As far as I am concerned in George Town our members have absolutely useless. Here is my take on them.

     

    Alden..All talk and no Solutions.

    Kurt..No Talk, No solutions, More interested in Frying fish than the interests of his consituents.

    Ellio..Believe he is God's gift to the political world and the most divisive member we have.

    Mike. Can walk or talk with out McKeeva telling him what to do. Ineffective.

     

    If anyone thinks Iam wrong please feel free to correct me .

    By the way C4C, you don't get off so lightly. You have the money backing you but I want to see substance and I want to hear clear answers and please don't tell me you are not party. That ship has already sailed. Your members surely cannot believe that we are all for sale or that we are supposed to believe it because you say it.

     

     

     

     

     

     

     

  5. Anonymous says:

    Can I get legal aid to file a counter suit based on the frivolous use of OUR MONEY? Are you kidding me someone granted legal aid? Huh maybe I am confused but would not the Crown act on behalf of all people via some vehicle either the Governor or Crown Counsel to file a suit to make a case against themselves? Seriously a private attorney will likely get our money so we can sue ourselves? Well it is March so I guess the saying mad as a March hare is in full bloom!

    • philo the philosopher says:

      PLEASE! Anonymous 03/17/2013 – 07:16

      It absolutely amazes me that some people have no idea what thy are talking about.

      There's an old saying that goes! 

      KEEP YOUR MOUTH SHUT and no one will know how dumb you are!

      OPEN YOUR MOUTH and you leave no doubt.

  6. Anonymous says:

    Governerment should pay for it! It was there mess to even consider such a deal! Two roads are needed out of West Bay . XXXXX I wonder why in the UDP campaign Mr. Bush did not mention the mess he created! I can't believe some intelligent people or I thought they were intelligent would even consider running under the UDP banner! Really people!! Registered voters we have the power now, let's not waste it by voting the UDP or UDP lite or what ever they want to call themselves back in!

    • Anonymous says:

      there is TWO roads from west bay to town and get your fact right.

      • Anonymous says:

        Two roads or two lanes?  Getting one's facts right means getting this fact straight.

    • Anonymous says:

      we can vote them useless politicians OUT but the Dart team is here to STAY!!!!!!!!!  HELP!!!!  money to buy up everything and create Dartland and dartians. Caymanians will be forced to GO EAST.

  7. Anonymous says:

    You mean there is still one man with balls left in Wes Bay?

  8. Anonymous says:

    Thank you Mr. Ackermon! at lease you and the 4 women are representing the silent voices….The Caymanians.  Those people for this steal deal, do not have Cayman at heart. Once again thank you!

  9. Anonymous says:

    These law suits should have been filed months ago.  They are plainly out of time and should be dismissed summarily on that basis.

  10. Weekend Warrior says:

    At least one Caymanian male that has balls! Alden? Roy? Winston?

  11. British Bulldog says:

    There's trouble on the horizon, Mr.Dart. Now, you just do us all Caymanians (and settlers), and yourself, a favour and sail away on that little boat of yours. You are stirring up one hornets nest that will finish you off. You think Caymanians are "easy meat"? You don't know who your're dealing with, boy.

  12. Anonymous says:

    I just came from the SMB Public Beach there is just one huge vacant lot across the street every peice of natural vegetation has been scrubbed from it and the pine trees across the street breaking the winds arent there anymore, so as I walked away all I could do was watch or public beach sand blowing away into the caribbean sea, I hope when all this is done we will have a beach there, what has been done on the other side of the road is totally oncalled for, I hope the politicians and the paving company that is over there raping the land and all you For Cayman Alliance fools are happy now I haven't seen a bigger peice of stupidity in my lifetime.

    NHB 

  13. WHAT !!!!!!! says:

    Honestly as a G.Towner who travel W/bay road alot I dont see nothing wrong with the little pc of road they going to close..If they were closing from Pagent Beach to W/bay four way stop I would rant – rave -cuss-fuss probably even get myself in jail for the scandal I would put down. 

  14. Anonymous says:

    Damn fools!!!

  15. Anonymous says:

    The rights and wrongs of what has happened and what is still going on can be argued until we are blue in the face, but, with an election coming up, it is good to see that some people stand by their beliefs and are prepared to stand up and be counted.  This kind of action gives me hope that some people will vote with their heads in the coming election and not just with family loyalty or the promise of something to benefit them down the line.

  16. Anonymous says:

    I’m laughing so hard to see our islands brightest (wb’s) in street begging back what they created & caused on themselves! Vote wrong & you will see the results like what you’re seeing now!

    Wp

  17. why says:

    Why we Caymanians never stop complainning!!!!!!!!
    Dart is the best thing that ever happened to this Island…..I bet one thing….all theses protesters will be often seen at the new development when it is ready!
    They Say Caymanians are the best and expats are bad guess what???? Dart is not Caymanian and he have contributed much more than all of us Caymanian all together.
    Let's stop complaining, he gives so many jobs for so many Caymanians.
    Let's wake up, I don't want to do the same thing as my grandparents used to do for living long ago and I don't want my kids to do as well.
    Just can't accept that my own people can't really see what is good for this island!!!

    • Anonymous says:

      Actually, I think you'll find Dart is technically a Caymanian.

    • Anonymous says:

      It is hard to fathom the naivete of people who believe that Dart is Santa Claus. Wake up and smell the coffee before it is too late!  

      • Anonymous says:

        I gave you a thumps up, but then realized that was not enough. 

        Dart does do his developments well. What most people do not understand is that  is all part of the master plan to take total control of Cayman.  He has almost reached the "Tipping Point".  There is still a small, all be it very small, chance to stop this take over and give control of Cayman back to the people.

        Most are blinded by pretty buildings and short lived jobs.  People need to wake up and try to save Cayman from this takeover.  Some will laugh at this concept but years from now they will sadly understand they waited to open their eyes till it was too late.

  18. Anonymou says:

    I am glad these people are using their legal rights to review this deal and after they lose then they can move on knowing that they did what they could. 

    Dart and the Governor would not be unwise enough to try or allow something illegal.

    • Anonymous says:

      It speaks volumes that the Government would allow matters to get to this point. If this deal was such a great thing for Cayman, why hasn’t the Government shown the reports to prove it?

      It may in fact be the best thing, but the manner ion which this deal went through and the fact that the Government are still refusing to release the report stinks to high heaven.

      Government SHOULD be made to pay the costs of this lawsuit. If this deal was legit and above then this lawsuit would never have been filed.

      Thank you Mr. Ackerman for doing what many of us would have liked to do but didn’t have the courage to do so.

  19. St Peter says:

    Thank you Mr. Ackermon.

    Please would you run for election?

  20. Anonymous says:

    i think that i've seen it all now. The government is funding a civil suit against itself. This is a misuse of public money…no wonder we are broke.

    • Anonymous says:

      And the circus continues – Don't stop the Carnival!!

    • Kmanlady says:

      10:02  Listen to me…if the Government of the Day had listen to the over 4000 people of this country who sign the petition AGAINST the closure of the West Bay Road they would not have the 2 law suite against them. … this is demoracy at work…you  #@$&%  up you pay for it… what about the people have to pay daily for their  #@$&% up's., ie The cohen deal, GLf and the list goes on, all because of an incompetent leaders.  I say for all the screw ups that were made by the UDP, all and iI mean all of them should be put in jail and the key thrown away .

      Good job Rupert, let them see that the people is not destructive or sleeping anymore…
      to all you old and new hopefuls fort he 2013 election…We the people will be watching you and will be holding all of you accountable for your actions…to be aware…..The time for change is now…

      Kmanlady 

      • Anonymous says:

        4,000 out of 50,000 is not a majority, not even close…..it is a lot of people, but cannot be said to represent the majority of the residents of the Cayman Islands, I take it the petition was not limited to Caymanians only?

      • Anonymous says:

        4000 hey, what's the population again? Oh yeah much more than 4000, does that mean that there are many more for it…?

    • Anonymous says:

      Actually they do this quite often, its part of the "Due Process" process and the "Everyone Concerned" is entitled to be heard before a court.

  21. Anonymous says:

    good on the effort but at this stage of the game you are pissing into the wind….. mac sold us out to help  a few rich investors and forgot about the people that put him where he is. Get rid of the entire udp party and all of their supporters.

     

     

    • Anonymous says:

      How did he "sell you out"?   The government exchanged public land for private land, in addition to the building of a road, a public park and the development of a five star resort out of a derilict hotel that has been decaying since closure in 2008.     And on a cash basis, the government and people will benefit from substantial duties and other forms of revenue. 

      You and your supporters have no idea what the heck you are talking about.   Stop being so damn backward. 

    • Anonymous says:

      Farting against thunder here, I'm afraid….

    • Anonymous says:

      Including the long time UDP advisors who now call themselves C4C

  22. Anonymous says:

    Why has legal aid been granted for this legal action? Who did the granting? I hope it was not a West Bayer linked with the opposition to this road.

    • Anonymous says:

      Granting Legal Aid is actually legal….and seeing a man wth integrity stand up and question a very questionable deal is highly commendable. So for those Dart supporters who are paid to do the usual "thumbs down" why don't you try doing something useful with your thumbs this time? You might even feel the benefits.

    • Anonymous says:

      Mac's grants of Cayman status haunt us in mysterious ways.

    • Anonymous says:

      Which "West Bayer linked with the opposition to this road" Judge are you speaking of?

      • Anonymous says:

        Is it a Judge who decides on Legal Aid? Or a civil servant? Or a Judge acting on the advice of a civil servant? Just asking as I don't know.

    • Anonymous says:

      hmm no legal aid for upset west bayers! please remeber you dont count !tsk tsk Mr. D' says "da wa you get" my little cayminions.  

    • Anonymous says:

      Well, 9:00, now that you mention it……………………..

    • Anonymous says:

      This is a much more worthy cause than Legal Aid being used to represent Estella's murderers