West Bay ladies return to court over road

| 15/08/2014

(CNS): Four women from the district of West Bay who mounted a legal challenge to the closure of the West Bay Road are continuing their fight next week with an appeal against the Grand Court’s decision in February this year that their action was out of time. Alice Mae Coe, Annie Multon, Ezmie Smith and Betty Ebanks will be in the Cayman Islands Court of Appeal on Monday using their own funds and donations from members of the public, to press the case. In the first instance the appeal panel will hear the ladies' application for protected costs, which is being contested, arguments over late submissions by government and Dart, and the dismissal of the appeal.

Although they received legal aid in the first instance the ladies are now funding the case personally with financial backing from individuals in the community who also support the cause. Despite the decision in the Grand Court going against them they have refused to give up what is turning into a David and Goliath fight, to regain access to a road that has been in use for more than 100 years.

The case is expected to open at 10am on Monday in Court Room 6.

The women were part of a much wider campaign against the closure of the road, which was part of a deal originally signed by McKeeva Bush when he was premier and included land swaps and the construction of the Esterley Tibbett’s highway extension into West Bay, while creating beachfront property on Dart-owned land along the last remaining undeveloped stretch of Seven Mile Beach.

Although only one part of the road that the islands’ largest developer wishes to be closed has been gazetted, the full stretch of road is closed except for access but negotiations with government and Dart remained stalled.

The most recent comments by the premier regarding the stalled talks over the so-called, ForCayman Investment Alliance and the NRA agreement were made more than two months ago. Premier Alden McLaughlin said that a meeting between him and the Dart CEO had led to a better understanding on both sides. He said that he had received a letter from Dart, which was described as “very helpful”, and was optimistic that the government and Dart would be able to come to terms on which they could agree, but nothing has been said since.

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  1. Anonymous says:

    There must be a special meaning of "culture" being used in the argument that a little bit of road has "cultural significance".

    • Anonymous says:

      My goodness, forgive me, you are genuinly speaking in a stupid manner. What about another "little bit of road"? Then another "little piece of road"? Please assure us you are not in a position of influence in regard to anything of cultural significance anywhere in the world.

      • Anonymous says:

        I am the High Lord Of All Things to Do with Culture at the Illuminati. 

      • Anonymous says:

        22:58, please assure me and the rest of Cayman that you, the Ladies, all your friends and supporters will never vote for Mac again, afterall, he is the one who created this mess?

        That would be a win in everyones book!

        But that is just a dream, you all will be singing his name again at the polls at the next election. Guaranteed.

  2. You can't fix stupid says:

    There are some days when I read the stories on this site and I just shake my head in disbelief, why are these women so fixated on something which they call "heritage" when in fact it's just a road. Roads get moved, expanded, improved and demolished all around the world all the time, this is the only place in the world where people get so upset about it. The only reason people are upset right now is because of who is doing it, not because of what is being done. Everyone is on any project which the man is involved in, the majority of which have turned out to benefit anyone living on the island.

    What these women should be protesting is that disgusting thing you call mount trashmore, we get monthly fires there now and on top of that it is currently destroying your real heirtage… the island itself. With it's disgusting smell and the toxis waste leching into the beautiful Cayman Waters, that is the real enemy of this island and it's people. How long will this go on before someone is willing to protest the government's complete lack of movement on this issue… Soon it will be too late.

  3. Anonymous says:

    So a lot of people are saying this change of the road closure and Dart’s many developments to the island is progress to our country. There are cursing our fore fathers for selling out valuable beach front property for little for nothing because they did not know the value of it at the time.  Well, in my view the people who can’t see past the current value of Darts developments for today and see where the destruction lies ahead in our future are just as naive as our fore fathers were.

    Let me put something in perspective for you, Yes Cayman had desperately need the developmentof the new road but not at the sacrifice of closing the original West Bay Road.  How has the closing of that road benefited us verses how much we are losing, was it worth it?

    With the majority of the vacant property along the SMB stretch now being owned by Dart and with the buyout of some of the local businesses along the beach, where are the cruise ship passengers going to go. Please note in case you didn’t already knowthe Tourism industry is our islands main source of revenue. Visitors come by Air and Sea. The cruise industry brings in a major source of that revenue into the island why do you think these people come here? The majority come here for the SMB and if we have no more SMB left to put them on, then what happens to the industry and the people who work and relay on it? The detriment and sufferation lies ahead for the Cayman Islands and the Caymanians because at the end of the day foreigners can always go back home or find somewhere else to go but we the ones who is stuck right here to deal with it.

    • Anonymous says:

      I'm not understanding your complaint: if Dart buys property and then puts up hotels, how does that give tourists no place to go?  And if foreigners go home, they can't take the beach with them.  The beach is still there, even by this stretch of road.

  4. Anonymous says:

    the full stretch of road is closed except for access

    So it's completely closed except you can drive through from Raleigh Quay to West Bay road or park on it to get to the restaurants, beach, and homes?  How different would it be if it were open?

  5. Anonymous says:

    Agree'd !!

     

     " Our ancestors sold it for pittance to the first buyer.  Yes!  I am a BORN CAYMANIAN OF CAYMAN PARENTS AND HAVE A SLEW OF FAMILY THAT ARE ALL CAYMANIAN BORN.  Take a look around you.  Do you think we would have gotten this for without foreigners?  Give me a bloody break!  It's called progress!  Now put away your grass skirt and get in line for the future!  It's your bloody fault you live in a shack.  I don't!  I worked very hard for my house and I never once felt that a foreigner was keeping me from getting it.  Why for once can't Caymanians just admit their own faults?  "

  6. Anon says:

    Some of us should research and find out who sold Dart one of, if not the first piece of land in Cayman. Some of those is now the ones who are up in arms about this road and Dart in general. Did they think Dart was buying the land to look at it? He is an investor and a developer. 

  7. Catcha Fire says:

    The PPM's Issues Distraction Female Unit  ID-FU protesting about something that they themselves are driving up and down on and using, just another day in the life of  PPM members without a party annointed job or board chairmanship or "counselor". Yet another thing they are very good at being total hypocrites with all the issues facing Cayman. I have never seen a single one of them out here trying to protect or preserve or historical sites or cultural heritage and when some were in positions to do so they did absolutely nothing, Too interested in making money and even supporting others who were destroying our children's future. Enjoying Darts development and cursing him in the same breath.  The PPM's Modus Operandi unless you live on the Brac where all roads get paved no matter What??? and no PPM  ID FU units over there whinning and complaining.

  8. Anonymous says:

    LADIES FOR GOD SAKE STOP SPENDING YOUR MONEY

    All of you are retired and will need that money to live off. We cannot afford to put out no more money from social services. Stop the nonsense and enjoy your retirement. The road is there and life is easier as it relates to traversing to and from West Bay. Try being advocates for the children who go to school hungry.

  9. anonymous says:

    Be prepared for the next battle. The dump is our heritage and it is my right to see that view on my way to work. Try moving that and I will be down there in a heartbeat.

  10. Anonymous says:

    11:25  If I was close enough I would kiss you.  What you say is very true, and I am a Caymanian born and bred.  Caymanians  are more wicked to themselves than foreigners are to us.  I have only been treated bad by my own people.  Dart has done for this island what NO CAYMANIAN .would do.  Look around before Dart invested,Cayman was just a bush path.

    He need to buy out CUC and Wate CO. too.

  11. Anonymous says:

    ITS been a year since the government stopped the completion of the beach park.  

     

    “Dart also committed to providing CI$2.5 million in improvements to the Public Beach Park. However, in September 2013, the Ministry of Planning, Agriculture, Housing and Infrastructure requested that we stop all work in the park area while Government/Ministry staff consulted with a concerned citizens group,” read the statement from Dart.
     
    “The Ministry informed Dart that it planned to meet with the citizens, review the park plans, provide feedback, and then would advise when we are authorised to resume construction. We are awaiting that authorisation. The children’s playground has been completed and is ready to be open to the public; however, the final paperwork from government, which has been approved by Government Legal, has not been received by Dart,” the release stated.
     
    The government requested stoppage of the ongoing improvements on the public beach, because it needed more time to consult with the Concerned Citizens Group.
  12. Anonymous says:

    I enjoy driving on the road and I think it is well built and beautiful view.  Why would we want to close it.  Beside that if it closes then what do we do next with the road space.

    I am a Caymanian and I would like to see the road stay.  Dart has made the Island more beautiful.

    • Anonymous says:

      It is wonderful to be able to read, but even more wonderful to understand not only what has been read, but what has been said by the four Ladies publicly over and over about this matter – they are more than happy to get this long awaited SECOND road BUT not to losee FIRST and beachsid road   Without a doubt some of the media coverage (including their cartoons) helped to confuse some people into believing what is NOT at all true.   So once again, with the hope that it will be UNDERSTOOD by those who repeat like parrots the apparently self-serving misinformation (that continues to float around for the purpose of preventing some busy and/or gullible people in Cayman from first thinking through and analyizing the facts BEORE commenting on the issue for themselves:-  HERE are the TRUE FACTS one more time :-  the four ladies have never, ever objected to the building of the NEW road ("the Extension of the Esterly Tibbetts Highway") to Batabano – they are fighting to keep open for publlc use the remaining small section of the original scenic West Bay Road over which the public have had rights of way and acesses to the beach ,sea and waterways for many,many generations.  And another truth is that this NEW road/ETH Extension has been constructed over and through Mr. DART's own land, and therefore its main purpose is to service and enable the development of his property.   Of course, it's also true that the public now enjoy the use of this new road   

      • Anyone for Wensleydale says:

        "And another truth is that this NEW road/ETH Extension has been constructed over and through Mr. DART's own land, and therefore its main purpose is to service and enable the development of his property."

        That's it main purpose? You sir are a buffoon!

  13. Anonymous says:

    When this appeal is rejected make sure every one these troublemakers is pursued to the fullest extent for every penny of costs.

  14. Walker says:

    Ladies  you got more balls than many of these so called elected members in the LA.  We thank you for your efforts and understand your reasons for this stance. Without people like yourselves we might as well just give the rock away.

    Btw went to the public beach last week and I did not see any of the amenities promised from Mr. Dart. Try planning a birthday party on the beach you now have to make several trips with a wheel barrow just to get to the huts! Can some one show me the value for money?

    • Anonymous says:

      The government told Dart to stop in September 2013.   Dart has stated that once the government gives to go ahead , Dart will spend the 6 million to complete.  Here is the news from 11 months ago:

       

      “Dart also committed to providing CI$2.5 million in improvements to the Public Beach Park. However, in September 2013, the Ministry of Planning, Agriculture, Housing and Infrastructure requested that we stop all work in the park area while Government/Ministry staff consulted with a concerned citizens group,” read the statement from Dart.
       
      “The Ministry informed Dart that it planned to meet with the citizens, review the park plans, provide feedback, and then would advise when we are authorised to resume construction. We are awaiting that authorisation. The children’s playground has been completed and is ready to be open to the public; however, the final paperwork from government, which has been approved by Government Legal, has not been received by Dart,” the release stated.
       
      The government requested stoppage of the ongoing improvements on the public beach, because it needed more time to consult with the Concerned Citizens Group.
    • Dread on Dread says:

      The amenities have been stalled obviously . bway some people chidren fall down and hit dey head when they wa small but I believe some grown ups had it ha ppen to them lately.

    • Anonymous says:

      There's so many funny comments on this, I wasn't sure which to comment on. This one is great though, the right balance of stupidness, entitlement with just a little but of arrogance thrown in.

      if you actually read the proposal instead of looking at the pictures, you might appreciate that the facilities were not being provided by Dart, they'd be BUILT by Dart with sponsorship from the government and/or local businesses.

       

    • Anon says:

      I think these amenities are in limbo while this government keeps "negotiating" with the Dart group. Haven't heard anything about those negotiations recently. 

    • Anonymous says:

      Walker you are so correct.

      Dart's ultimate intent is for the public beach to be gobbled up by all of his hotel and other developments.  Dart does not want Caymanians on the beach, only his hotel guests.

      Yes, there is plenty value for $$ money – in Dart's favour. 

      • Anonymous says:

        Just wait.  The next thing you know Dart is going to want to build over the top of West Bay Road so he can have land from the beach to Camana Bay leaving us with a tunnel to drive through.  He is redesigning Cayman for his purposes not the peoples.

        • Anonymous says:

          You may be laughing about a tunnel.  Just wait and see!!! One on both West Bay Rd. and in front of Caymana Bay.  I see it in my crystal ball.  Dart is at the point they can do what they like.

  15. Anonymous says:

    Protected costs?  That really means they want everyone else to pay for their folly if they lose.

  16. WannabeBracca says:

    Ladies, get a life!  It is too late. There are a lot of serious issues in West Bay that you could tackle.  Just a few decades ago this "road" was just a footpath.

  17. Anonymous says:

    "My Lords, See that crap piece of tarmac?  That is pure heritage.  Pure culture.  It really is.  Why are you all laughing?  I am serious."

  18. Anonymous says:

    Wasn't this how the dinosaurs ended up dying out?

  19. Anonymous says:

    Ladies:  Move on. The road is a huge improvement for the island and was long overdue. How quickly you forget how bad the traffic jams were coming out of and into West Bay in the mornings and evenings. Not to mention the closings everytime we had a storm and sand covered parts of it.

    Your efforts and resources would be put to so much better use focusing on helping solve more pressing issues facing the Cayman Islands. Poverty, crime, employment, 

    • Anonymous says:

      Yes that road was closed ALL the time because of storms…. Yeah, right.

      Georgetown harbor front closes during every single n'orwester. Should we close that permanently? Your 'argument' is invalid and stupid. So is your last statement. They are not protesting the new road. (whatever the traffic issues that we 'so quickly you forget) It is the unnecessary closer of the road, period.

      • Anonymous says:

        NO THIS ROAD WAS NOT CLOSED  ALL THE TIME .. This road was there for atlease 100 years , it is the property of the Cayman islands and the people of cayman . So therefore  it is not up to one man you know who to do away with it in secret  . As i read some of the comments here it sounds like some of you believe that the devoloper would be helping tourisom  . those dollars are too small .   You coment about our forefarthers not haveing the foresight to see the value of  property back then ,  But iam seeing a different kind of foresight in alot of people called  GREED + $  . Dont be like this man i know that was so greedy that he sold his very mother .  People please let me give you a little foresight in this matter . Do any of you know about the 20ft  excess that was in a few places along 7mile beach before this matter came up about the nice Cayman public beach . Can you still use those 20ft excess today?  This is the kind of foresight that the 4 Ladies from west  Bay have . Better stop now my blood pressure is going up over this matter .              ONE more thing can a 100 people enjoy the beach on that 20ft excess ?

    • Anonymous says:

      Ladies, we applaud and thank you for not giving up your heroic efforts to keep that last remaining scenic stretch of the over 100 year old West Bay Road open for the use and enjoyment of ALL who live in Grand Cayman.  There are many of us who know and appreciate how extremely difficult it has been (and continues to be) for the four of you Ladies to stretch your own very limited, meagre and fast dwindling personal dollars to finance this more than worthy cause.  Thanks also to those who have so far been able to donate something towards thpse costs, God bless you because like the four Ladies, you also had to just about scrape the bottom of the barrel to help, but you did because you realize how important it is to stand up for your rights and more importantly the rights of your children and grandchildren to freely and respectfully continue to use that remaining length of PUBLIC road in perpetuity until the end of time!   PLEASE THINK FOR YOURSELVES AND YOU WILL UNDERSTAND that the Ladies' objections have NEVER been against the NEW ROAD extending to BATABANO (they've been waiting for this SECOND road too since the1990s) BUT it has been to KEEP that stretch of WB road PUBLIC for access to those public rights of way and accesses to Cayman's famous beach and beautiful blues of the Caribbean Sea that have been used by generation after generation of the people of Cayman!   Developers and investors are welcomed BUT stop treating us locals as if we are not worthy of the use and enjoyment of what little remains of our inheritance from our forefathers – all because you want to develop condos and residences to SELL for mllions and millons (as high as $13 million!) to persons wanting to come to Cayman to ENJOY those same rights of access to Cayman's natural beautiful environmen and way of life!       LASTLY,  even though times are hard for so many (especially those who genuinely care about Cayman and their children's future) why not get in touch with these four Ladies and offer to donate whatever you can to help them continue the Court case on behalf of all of us – CAN you believe that SOMEONE with the deepest pockets in the world (at least in  Cayman) is trying to get the Court of Appeal on Monday to NOT grant a Protective Costs Order to the Ladies to help them continue the fight for the rights of ALL OF US!   Hmmm, hmmm,  yet Caymanians are expected to continue swallowing it hook line and sinker that it's really love and care for the little (and poor) people of Cayman that every effort is being made to monopoiize and control every aspect of life in Cayman

      • Anonymous says:

        Let me get this right.

        You are happy that Dart spent millions of dollars of his own money to build a new road.

         

        You just don't think he is entitled to anything in return for it.

      • Jonas Dwyer says:

        If you really appreciate their effort print your name, or is it that you are paying  lip service to their cause. I believe that they need to give up their quest, all of the arguments against this pilgrimage have already been stated, so I won't follow suit with te same arguments.

      • Anonymous says:

        "We"??? Who gave you the right to speak for me?

         

      • Anonymous says:

        Ladies , we applaud and thank you and agree 1,000 %  . I also agree that the devoloper that come into the Ladies Island  and make millions. of $ should have to do FREE  PROJECT in return that  will benfit the Island and the people .  We all should not sit down and just comment about this isue . Soon you will not be able to have excess to the beach and ocean which every caymanian love  .  People we have to come together and help the Ladies fight this legal case , because what they are doing is for the benifit of everyone WHAT THE POLITIAN SHOULD DONE FROM THE START .

      • anonymous says:

        We? Please leave me out of this and just speak for yourself.

    • Anonymous says:

      It is persons like the rich fat cat, who has added to the poverty line.  He brought in Indians to do the jobs that the locals could do.  Slave labour and we should thank him for that.

    • Anonymous says:

      Dullard, listen up. The plan was always to have a parallel (running alongside) road. (duh, "traffic jams") How much they paying you to write rubbish in your swanky office in Caymana Bay?

  20. SickAndTiredOfTheLackOfControl says:

    GIve it up ladies!  Fight against domestic abuse, child molestation, the exccessive use of government funds for prisoners, etc.!

    • Anonymous says:

      …..and tell your girls about getting pregnant and throwing their lives away for the sake of some boy who won't care once he's had his way.

    • Anonymous says:

      To SickAndTiredOf TheLackOfControl why don't you get off your lazy behind and leave those ladies alone and you go start the war against domestic abuse etc.  Stop delegating and start some action. yourself.

    • Anonymous says:

      But these causes do not provide an outlet  for rabid anti-furreingerism.

  21. Anonymous says:

    Why go through this when the CIG has the power to take the land back using eminent domain. So much of our land has been stolen from us and sold to foriegnors just like T &C we need need the UK to step in and seize our land and give it back to use. I am so sick of seeing all these big mansions built on land that is rightfully ours while we all live in shacks. 

    One day we will get all of our land back and these people will go home with nothing, becuase if you buy land that you know you have no right to buy we owe you nothing when we take it back.

    One day justice is going to sweep over Cayman, and those who have taken what is rightfully our will pay the price.

    • Anonymous says:

      You are in dire need of a reality check!  Nobody stole any land from us!  Our ancestors sold it for pittance to the first buyer.  Yes!  I am a BORN CAYMANIAN OF CAYMAN PARENTS AND HAVE A SLEW OF FAMILY THAT ARE ALL CAYMANIAN BORN.  Take a look around you.  Do you think we would have gotten this for without foreigners?  Give me a bloody break!  It's called progress!  Now put away your grass skirt and get in line for the future!  It's your bloody fault you live in a shack.  I don't!  I worked very hard for my house and I never once felt that a foreigner was keeping me from getting it.  Why for once can't Caymanians just admit their own faults? 

      • Anonymous says:

        Our forefathers were swindled out of thier land and we should not have to suffer for that. All of these people should be forced to pay reparations to each and every Caymanian that was negatively effected by those land grabs which is what they were.

    • Anonymous says:

      Eminent domain is an American term.  Speak English please.

    • Anonymous says:

      The doggone furernors coming here and giving us money for owe land, who do they  think they are. Just becuase you buy it from me doesn't mean it's yours…

      Definition of Stealing land in Cayman is someone coming to Cayman and giving you hundreds of Thousands of dollars for a piece of land and then believing the it's now thiers. Not in Cayman BoBo here even if you buy it it's still ours. 

      So get off our land.

      LOL

    • Diogenes says:

      Surely they already paid the price when they bought the land in the first place?

    • Anonymous says:

      Wow!!! Scary. Even scarier is that you are probably allowed to interact with other people without supervision.

    • anonymous says:

      Ok children, that is why we close the door on the microwave oven and do not operate whilst wearing a foil hat.

    • Anonymous says:

      Why be angry at these people, be angry at our forefathers that had no vision past there noses and saw no value in the land and sold it for little or nothing, that is were the anger should be directed. I personally enjoy getting to and from westbay in 10 or 15 minutes instead of the 1.5 to 2 hours it use to take not too long ago, and talking about DART, just compare the the design process between DART and the Cayman Islands Government on road design and building, DART spent millions on the North to South hi way, now you can leave home 7:30 and get to work by 8, couldnt do tht before, CI Government spent millions on the East to West highway, still on finished, landscaping look like crap, trying to get from east to town any time after 7:30 is still the same as when the highway wasnt there, CAYMANIANS STOP TRYING TO REVERSE PROGRESS, DO YOU SEE THE KIRKONNELS OR THE FOSTERS OR THE TIBBETTS OR THE CREIGHTONS OR THE MERRENS OR THE THOMPSONS DOING ANYTHING TO BEAUTIFY THE ISLAND, THERE ISLANDS, SHOW ME A HIGHWAY THEY BUILT, A PARK, A PLACE WERE YOU CAN TAKE YOUR KIDS TO HAVE FUN OR YOU YOURSELF CAN JUST GO SIT OUT BY THE WATER WITH YOUR FAMILY AND RELAX, IM SORRY TO SAY BUT SOMTIMES I AM ASHAMED TO SAY IM CAYMANIAN.

    • anonymous says:

      Your people legitimately sold it for top dolls. No sympathy.

    • Anonymous says:

      You need to get the spelling right.  Used in this context the word you were looking for is "furrener".