Activists seek legal redress
(CNS): Following two early successes in the courts by local campaigners against specific developments believed to be infringing on people’s rights, activists campaigning for the preservation of the West Bay Road are also examining possible legal action. A more than 4000-foot stretch of the road is facing imminent closure as part of the government’s proposed controversial investment deal with the Dart Group relating to a variety of projects that stretch from Barkers to Bodden Town. The group, which is a coalition of campaigners who have various concerns about elements of the deal which involves crown land and rights of access, said it is quietly confident that it can stop the closure of the road through the courts.
Truly4Cayman said this week that it was not giving up on its goal to preserve the highway, which has been used by Caymanians for more than 100 years. The group continues to actively pursue several avenues to prevent the closure and transfer of some 4,290 feet of the West Bay Road to Dart Realty. One of those avenues includesexploring the legal routes open to prevent the transfer as the road is crown land and belongs to the public.
“We are confident that there are legal options open to us to save this road, which has been in use as a public highway since 1908,” a spokesperson for Truly4Cayamn told CNS.
It is still not clear when government intends to sign the full deal with the islands’ largest investor regarding the West Bay Road projects and the proposal to relocate the landfill to Bodden Town.
Although government and the NRA signed a preliminary deal with Dart last December, which triggered the start of the Esterely Tibbetts Highway Extension towards West Bay, that deal has been reviewed by local consultants PricewaterhouseCoopers and has reportedly been re-negotiated. It is understood that the deal is now different from the agreement which was leaked to CNS earlier this year. See related story
The activists reiterated their position that they do not object to Dart completing the ETHE or developing the former Courtyard Marriott hotel but say this can be achieved without closing the West Bay Road.
“The highway extension has been gazetted for many years and we welcome its completion, which will give distinct advantages to the developer in its own right as it opens up much of his land improving its value and affording access. We object, however, to the closure of the West Bay road, which the ETH was meant to compliment not replace,” the group representative stated. “We also have very real concerns about future beach access and of course value for money for the public coffers. Giving the developer more than 4,200 feet of road is essentially converting his land to beach front property boosting its value many, many times over.”
The group also said it was aware that there are problems with the promised second public beach planned to the north of Dart’s property which may no longer form part of the deal.
Although progress continues on the ETH extension the public has not seen the revised NRA agreement nor has a date for the signing of the main proposal been set.
Given the size of the proposed deal, the involvement of public owned land, the diversion of taxes to the developer and the major concessions offered on the development that Dart has said it will undertake, the deal will need to meet the parameters of the Framework for Fiscal Responsibility which the premier signed in London last year with the UK. Many members of the wider public also believe that, given the significance of the proposed agreement, it should be placed in the public domain for scrutiny and consultation before government signs on the dotted line.
Related articles:
Dart to take 50% of taxes (9 July 2012)
Full Dart deal exposed (12 July 2012)
Category: Politics
"Like lambs to the slaughter" just about sums up my feelings about those Caymanians who are gung ho for everything "Dart". You don't know they're probably laughing at you in their meetings? Wake up, Caymanians, before it really is too late and the country has been consumed. As for the non-Caymanians who are all for Dart, including "new roads" : please, shut up and have some respect for someone else's country for the first time in your life. You have no interest except in lining your own pockets, truth be told, so quit with your arrogant interference and conman antics, they are far from appreciated.
LISTEN UP
Caymanian or not, if you live in a place and are a good abiding citizen then you should have equal opportunity. We are all Caymanian citizens.
Just becuse you were born somewhere does not entitle you to be better than anyone else.
What makes you different is your work ethic, your educational standard, your willingness to go above and beyond and to further yourself through these endeavors.
Being a Caymanian is not an advantage – being well educated and a hard worker is !!
Please take this argument to the USA, Anguilla, Barbados, Bahamas, Bermuda, BVI, Germany, Israel, Dubai, Sudia Arabia, Japan and SA. Yes show up with you work ethics, your educational standard, your willingness to go above and beyond to further yourself through these endeavours. To anyone of these country and tell me just how easy it is to get a job over one of their natives. You've got to be freaking joking only in Cayman.
08:54… You forgot North Korea, Iran and Somalia…. PLEASE!?
You know as well as I do that on your list the easiest placed to get a job would be the US and Germany, I can't speak for the other places as I have not been there.
But you bring up an intersting point. 1st Wold economies respect multi-culturalism and embrace people from what ever nation they are from.
Closed minded, protectionist, 3rd world economies are insular, affraid to open up because it highlights the failings of their governments. The lack of investment in education and in their own people.
Are you suggesting that Cayman is better off being a 3rd world economy?
You don't consider Japan a first world country?
This campaign is inane. It is not about a road. It is resentment against DART and the wonderful additions to Cayman brought by DART. Before Camana Bay there was no decent shopping area in GC and an outdated cinema. Now we have a wonderful facility there for everyone to enjoy. I have no doubt that the proposed development on the beach will be as great. I support it and will support it. I can't wait. "Activist" seems to nice a word for them.
No one is campaigning against 'DART' and the wonderful additions that the has brought to the Cayman Islands. Before Camana Bay I enjoy shopping and still do in downtown in an area call George Town and I for one enjoyed my outdated cimena's, one is BT two in GT Bushies and Thomas, one in West Bay and one on West Bay Road. With all its wonderful facilities at Camana Bay I still enjoy hanging out in George Town on Saturdays and very rarely visit Camana Bay this is nothing that I am not use to. Whenever I want that sort of "wonderful areas" I take a vacation to Florida and in an hour I can visit several wonderful places such as Bayshore, South Beach, Coconut Grove, Aventura, Boca Raton, Fire Island and Palm Beach Gardens (and may I say Camana Bay have nothing on these places). When I want to kick back relax and enjoy my island I visit Ossie's fish fry in BT, Miss Vivene's Kitchen in East End and Run Point in North Side. So this is one of many Caymanians that is not resentful of "DART" for any of his wonderful developments and I wish them all the best with their developments on their properties. The West Bay public beach and road is not a part of his property this belongs to HM in trust for all the people of the Cayman Islands. So listen up until you have the deed to this prized piece of real estate I can care less of what you wish and hope for, please convey this message to "DART" when you get your invite to offer congrats to his excellent beach development.
So, just for the record… you want to save a piece of asphalt that has no view of the sea – floods often and is dangerous… PLUS you want to put out of work 100's, if not 1,000's of Caymanians who will work on the project now and into the future – stop the Government from receiving duties and stop tourists for coming and spending their money here???
Wow, even my 6 year old thinks that's a dumb idea!!!
Stop hating DART and START thinking about all the POSITIVES that can come from this.
I blame the poor level of education for this kind of land crab mentality.
This is the kind of greed that has gotten Cayman into the mess that it's in now. I say to all those that oppose the closing of WB road take it to the courts of public opinion and make that world wide. No need to spend money that we don't have invite the international press in and lets take it from there. Show our before picture and what development has done to and for this country. Let them interview the real Caymanians and get their perspectives. Let our people tell their stories, there maybe only a few of us that is willing to risk it all to save this country none the less let the world see our plight. Future generations of Caymanians with nowhere else to go deserve better than this. Show the world and let them decide.
Save it from what??? Being a forgotten back water, mozzi infested, going nowhere place???
Future generations of Caymanians will have a lot better future with these invetments than without…. seriously, do you think Cayman would be better off today without the financial industry and tourism…. talk to Cayman elders and they will tell you just how hard it was to live back then.
You can't have it both ways…..
This is nothing to do with DART. Most of the workers will be expatriates, most of the businesses which benefit will be foreign owned. Some will gain much but most Caymanians will likely only gain a further diminution of their way and quality of life whilst being pushed into further cultural irrelevance in their own land. That is what this is about. Work on those issues and it can be done.
What a pile of absolute bollocks.
On one side of the road you have 2 seconds, if that, of a view of the ocean when you are driving. On the other, a derilect hotel and bush.
Awesome drive everyday from the Republic.
Remind me again why nobody has ever said anything about the other 7 miles of WB Rd that is now a concrete jungle that offers absolutely no view of the ocean whatsover?
This is the only part where you can drive and see the beach. Which I personally enjoy. If you do not, that is your issue, not mine. Why give away the only remaining breach front to Dart? To build something where the price of water is at 1000% mark-up?
The beachfront land is not being given away – Dart already owns it! Closing the road means they will build walking and biking paths along the beachfront…not closing the road means they still own the beachfront and could just build somethign else there to block the view.
What you don't understand is that Dart already owns the beachfront parcels, they could put up a fence today or build a house, conominimum block and the view would be blocked!
They are happy to see the extension done and the hotel restored, wake up people, there is no such thing as a free lunch. If you push too hard you may get to keep your road, boarded up hotel and have a toll road to West Bay. there is even a bridge for a troll, any takers?
I can only hope that readers will realise the benefit to keeping WBR open, particularly after the closure of the bypass and horrendous traffic jam experienced afterwards. The initial purpose of the bypass was to relieve traffic and open up access to more land. I don't believe this is a sound idea at all to close off the primary road. Can one road really sustain allthe vehicles and motor traffic on this island? What happens if there is another accident – imagine if it was multiple vehicle or a downed pole in the middle of the road. All highly possible scenarios. What then?
I also really love the view. I grew up seeing the beach everywhere here and it seems that as the years go by, we have less green land, less ocean view but more condominiums a floor higher…then another floor higher…and then another. I have a strong business mind and know why, from a developer and bottom line perspective, this has been done. Why not make a pretty penny? Why not get permission to change the height restriction and sell more condos? There is barely any green space on those developments either and as a side note, that should be a requirement from planning. Plants are good for this planet. We learned this as children. Unfortunately, there is no focus on the triple bottom line. Not just concern for shareholders, but for stakeholders – which is everyone that has an interest. The community and the environment should be huge factors taken into consideration.
Dart proposes building parks. That would be wonderful, let's place that in the land inbetween the two roads somewhere. You want to provide us another public beach? Sure, but how about we keep that public beach on SMB where the sand is actually soft and white and the seas clear, not up the road where the beach becomes smaller and the water filled with more seaweed and rocks. I heard that native plants were being preserved by Dart which is another action I think is wonderful. But I have to say, there is something really peaceful and organic about undeveloped land in it's natural glory. Look at Canada for example and how magestic their land is. It's not just mountains and rivers and lakes that are beautiful. It's the free, wild space filled with mature trees and colour and life.
Conservation and logistics both need to come forward.
No, logic needs to come forward. You have two lanes now. It will be replaced with four lanes. How on earth can that lead to worse traffic? If you're going to say, oh, well we need to different roads of two lanes each, well, sure. But we need a lot of things we can't afford. Because of the UK's restrictions on borrowing, all major infrastructure projects going forward will have to be private-public partnerships. There is absolutely NO way this could be done in the next quarter century without a private entity participating. If you have such a strong business sense, please tell me what, if not the closure of a section of West Bay Road, would you offer Dart or any other private sector entity to supply the land and build the Esterley Tibbetts Highway extension?
6;18
Good question. "would they offer to do any infrastructure in this country for their people…no.
The Ritz was just up for sale , did they offer to buy it ,no.
The only way we can, and further develop is for private – public partnership.
Even Austin said so three years ago!
when i last went to school 2+4 =6 so they have 6 lanes except for a divertion right before the public beach which will merge onto the highway and you can re-enter after 4,000 feet or continue on to west bay.
" I don't believe this is a sound idea at all to close off the primary road. Can one road really sustain all the vehicles and motor traffic on this island? What happens if there is another accident – imagine if it was multiple vehicle or a downed pole in the middle of the road. All highly possible scenarios."
Um, are there multi lane highways and overpasses that I am missing on this island? Lat time i checked there is only one road that leads to and from WB when you get to the Public Beach.
Perhaps I am blind.
15;17
reading your first part of your story. i do not see where any roads are being closed. 4,000 li.ft is being diverted onto a highway and another 4 lanes are being added to the west bay thoroghway, which gives you 6 lanes…you lucky Bayer!, The rest of the Island have 2 and 4 lanes.
Imagain if you never had those extra 4 lanes and that pole you speak of falls across the existing 2 lane road, then one could use the 4 new lanes.You are trying again to fool the people into thinking that they are blocking off the entire west baty road…this is rubbish!
The seven mile beach is not going anywhere, unless God takes it away for what ever reason, and i hope he is not listening to the disgruntle people…. like he did with the group heading to the promis land. Not even Moses, nor Aaron made it alive.
If you want to live Canada, then go to Canada.
If this mob apply for an injunction I really really hope the Court asks for a suitable bond to cover the full risk to the government of losing this project. No bond ? Then shut up!
Does anyone understand that Dart owns the beachfront land on this section of road anyway?
Cayman has already sold the view, no matter what happens to the road.
So yes, close the road! It's the only way to get nice Dart-style walking paths and a park along 7-mile… instead of another row of private-access condos which I guess they could just build on their land instead.
Yes and if these people push hard enough, they will built 10 story condos in all that area and you will never see the ocean again. They will do what they need to, to recover the investment.
Best to look to the local families tha keep selling their land and businesses to DART for millions of dollars. He can't own it if YOU don't sell it!
Clearly none of these people up in arms have driven down the rest of WB Rd where there is nothing but condos blocking the view of the ocean.
So do you think he bought those land (at a steal I am sure) without knowing that we wouls get the road moved and get his entire expanded property as waterfront?
I hope the people of Cayman are able to stop this from happening. As a tourtist, I want to drive down West Bay Rd….not the by-pass. I come to see the ocean. Don't sell yourself out for a dollar. Dart has done many things for Cayman……but are they really good for Cayman. Camana Bay is nice….but there is really nothing there. Wake up people.
A "tourtist" who has views on what Dart has previously done for Cayman and the merits of Camana bay – you must think readers are zipped up the back. If you object by all means do so, but at least be honest about the fact that youare a local.
If you are talking about the comment that I posted right above yours…i am a tourist. I have been coming to the Island since 1980. I was just there last week.
Cayman is not the Island that I have known and have loved. I hate the changes. Look at all your closed shops. You have nothing in the two shopping centers. You continue to build more hotels and have so many empty rooms.
I know that i come to Cayman in the slow season but the last few years have been SLOW for the SLOW season.
"Cayman is not the country that I have known and loved."
Come on now, show me any place that hasn't changed since in 1980 for God's sake. In case you are dodgy with your math we are talking 40+ years. What are your expectations to have everyone still living in a quaint little hut serving your every needs? Change, get used to it, yes the country has changed and the population has more than doubled but so it goes.
Cayman has positioned itself as a high end Caribbean tourist destination and this road closure and new hotel fits that marketing perfectly. The new public beach will be beautiful and the end result will be something of which the country can be proud.
No I have nothing to do with Dart but I respect what he has done for the country.
Cayman has positioned itself as a high end Caribbean tourist destination (ha! ha! LMAO)? Not Cayman of 2012, Cayman of the 1970 and 80s that was the high end tourist destination. When our room rates were quite high in those little pink villas at Caribbean Club and West Indian Club our guests paid up at check out and did not ask for a discount. This was high end tourists, where some of the richest people in the world came to hang out incognito. Cayman Islands will never be high end again so we can forget that notion, that spot is taken by BVI (Necker Island), Anguilla and Bermuda. You are correct about one thing the population has more than doubled and not by natural birth rate rather by immigration (what a shame our claim to fame). High end tourist don't want what we have now, thats why they go to BVI and Anguilla even to a lesser extent TCI . We are just another spot for middle class tourist that could not afford to come here in the 1980s and even 90s but because we have become so low end in our product they can now afford to come and we welcome and are very happy for them because this is the best that we will ever get now.
Hint, Hint rich people are not looking for what they have at home they are looking for simplicity. They leave LA, Boca Raton, Palm Beach, Manhattan and Park Avenue to go to Bora Bora, St. Barts, Bermuda, BVI, the French Rivera and Monacco. So before you go spouting stupidness go get your facts and stop trying to do PRfor "DART" they have a very good PR firm and even them will not make such foolish claims. Go get your facts straight.
High end??? Where are the people? They aren't in the empty hotels….
I am another tourist that is not in favor of closing down the road (although I have no say) and I am not impressed with Camana Bay. Camana Bay is, imo, a mall and a very expensive one, at that. I can barely afford an ice cream there. Beautifully designed, but, been there once and will not return. I go to Cayman for the beach and I love to sit off by the public beach at sunset just to chill where there is not a crowd from the hotels and it is just peaceful. I also love the drive up to Macabuca as it seems more "local", more "island"…..just a nice relaxing drive with the view. I would hate to see it go.
Yes, Save OUR road and OUR beach for you to enjoy 09:49 You can wake up anytime now.
OUR road perhaps – Our beach, fraid not. Sold to Dart already.
i'm glad to hear that someone is challenging this. i was wondering if someone could show standing in court. keep it up i'm with you all the way!
Why don't they just apply for an injunction? Those are dime a dozen these days…
save a road????….only in cayman….zzzzzzz
These people need to get a life, this is XXXXX retarded.
When the road IS CLOSED, all these XXXXX should be banned from using the new facilities at the beach.
Of all the s**t that is happening right now on this island, you would think that this group might actually campaign against something more meaningful, like for instance…. the ever increasing cost of living thanks to their dimwit leader Mac.
I am happy to see inflation rise in this country about 1000% this is what Caymanian and expats deserve they all want first world service and don't want to pay for it! most of the countries that have these type of services pay atleast some kind of direct taxation (Cayman poision). Yes, Cayman needs inflation of 1000% and I will move to Europe and pay my 50% taxes and get free healthcare, housing allowance if I need it and other social programs. I don't mind paying for the services that I get. Since we want no taxes then hyper inflation is the order of the day and one cannot blame the government. Sure no taxes, alternative hyper inflation. I'll take the taxes.
it is not just saving a road, it is to halt the deals made by a corrupt government with a vulture capatalist owned corporation and who are both hiding the details from the public.
Fast asleep????…..only in Cayman.
Save a apparently endangered road that would otherwise allow for a closer to natural habbitat to take its place.
Seriously people. Saving south sound from being spoilt by either dreadging or filling is good for the enviromental impact in that area. Allowing a road (that washes out with every close storm) to be removed & a nicer more family friendly & natural enviroment to take its place is well silly.
Could you repeat that in English please?