West Bay Road JR denied

| 03/05/2013

WB road protest.jpg(CNS): Time was against a local activist attempting to get the courts to intervene in what many consider to be the unlawful closure of the West Bay Road. An application filed by Rupert Ackermon, a member of Truly4Cayman, for a judicial review of the closure was denied by a Grand Court judge Wednesday. Justice Charles Quin said the legal challenge to the NRA agreement between the Dart Realty, the Cayman Islands Government and the National Roads Authority was too late. The first of two legal challenges before the courts was refused purely on the procedural basis, so the legitimacy of Ackermon’s arguments were never even considered, delivering a blow to the opponents of the road closure.

Nevertheless, a second legal action which has been filed by four women from the district of West Bay is still going through the legal process via a law suit, giving one more chance for legal intervention to the activists trying hard to stay any further closures, and eventually reclaim the stretc,h which has already been handed over to the islands’ largest developer.

In the 55-page ruling, Justice Quin focused on the delay in filing and stated that Ackermon failed to take the necessary steps to file the application promptly and, as a result, he rejected the application.

The application was filed in the Grand Court via local legal firm Campbells in March of this year after Ackermon finally managed to get funding for the action via a Legal Aid grant. But because it was challenging an agreement signed in December 2011, even though the road was closed just a few months ago, the judge dismissed the application.

Ackermon had claimed that the Cayman Islands constitution, subsidiary laws and natural justice had all been violated with the deal, none of which has been considered because of the untimely filing.

The law provides for only a three-month window of opportunity to apply for judicial review of any decision, and despite Ackermon’s argument that the 15-month delay was down to a catalogue of issues, the judge was not swayed.

The confusion about the initial signing of the December agreement, the various amendments and additions which are ongoing, the secretive nature of the document, which is still not publicly available, and Ackermon’s struggle to find the cash to pay a lawyer, which was eventually funded via legal aid, did not move the judge, who upheld that the timeliness of such applications was critical.

“The court has no difficulty in finding as it has, that the applicant has failed to file his application for leave to apply for Judicial Review promptly,” Justice Quin wrote. He said that the ongoing construction, works contracts for builders, suppliers, employees and developers complicated the matter and supported the lawful requirement for prompt action in such cases.

“I find that if the relief sought by the applicant were granted, at this very late stage, it would cause substantial hardship and prejudice to the respondents and would be detrimental to good administration,” Justice Quin stated in the judgment.

The judge said that there were several points along the way, even without access to the agreement, as a direct consequence of it that the local activists could have moved to file long before the gazetting.

The judge said there were so many compelling reasons to apply "promptly and urgently” in connection with this agreement that he was not convinced that the delay was in any way justified  and refused to allow leave on the basis of what he described as a “complete lack of promptness … and excessive and undue delay.”

The legal blow comes two and half weeks away from a general election. The Progressives have stated that if they are returned to office they will seek to renegotiate and reopen the road. However, the UDP and the PNA remain in support of the closure. Although some independents and those running on the C4C ticket have voiced their concerns about the overall agreement, with the exception of the two incumbents of North Side and East End, few others have committed to a re-negotiation.

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  1. William Wallace says:

    For all Dart has taken from us he should now pay taxes. He has certainly changed the whole demographics of our island. Some say for the better and the others like me tend to disagree. You see we did not wash up on the shores yesterday. People like me has been here from the days of mosquito pots and Ms. Annie Huldah Bodden so I know where cayman was to where we are today. Don’t get me wrong, dart isn’t all of cayman problems but he is a major contributor to our social issues. With all the businesses that has since closed with the exceptions of the ones he purchased, these people had to go work for someone else or are dependants on social services. So with this mind set of monopolizing key businesses on the island, there will not be much left of entrepreneurship for young Caymanians coming up to own their own buiness.

    Dart came here set up shop and has done well. However, as his empire grows and only a few caymanians benefited such as the Mario rankins, raynard moxams, the halls to name a few, the majority of the people had to cut back on their way of lives just to meet the increase in taxes our government implemented on us to meet the ever growing costs for Dart, the Shettys, the michael ryans and the Enterprise City. Everything given to these enterprises for free butwe are taxed to pay for infrastructure costs for them to set up shop here. Too long we have had to put up with this and I say let the darts, the Shettys and the Ryan’s pay their fair share of taxes!

  2. Anonymous says:

    Hey dude, this is sweet!!!. 

    The bridge should have been higher.

  3. Anonymous says:

    You can blame Dart all day long but most of the work permit holders are born Caymanian small businessmen and women.

    It is the universal Caymanian dream to start a business and hire some expat workers.

    All this Dart discussion is a red herring as he has more than half his workers being Caymanian.

    No one will confront the born Caymanian business owners or those from the old families with money about what they do for the country.

    Until the discussion gets honest the truth will evade the public.

  4. Anonymous says:

    This is a lost cause.  You just have to know when  you have lost the battle.

  5. Anonymous says:

    19:32 PPM Members was out in the hot sun the two Saturdays I was there.  Were you there,  I don't think so and along with all my fellow Caymanians..  Shame on you all, you all made it happen and got this far..

    Our children and grandchildren will miss what we once enjoyed..  Thanks to yo all…

    A big thank you to all who stood up forthis cause…  I feel sorry for Cayman.

    • SSM345 says:

      "Our children and grandchildren will miss what we once enjoyed..  Thanks to yo all…"

      Is the beach gone? Nope.

      Is it going to be 100 times better? Yep.

      Am I missing something here? Oh, the 2yds of road where you could have glimpsed the sea for a fleeting second right before you got to the Old Marriott..

      What I cannot understand is that when the rest of SMB was being developed and all the other views that you used to see were being cut out (which were far better by the way), where the f*** were all these people complaining then?

      Was there complaining of Tikki Beach, Surfside? Calicos? The countless condominiums? Not a flipping word.

      You all waited until the very last minute and by then it was too late.

      Not one person condemns the actual locals selling off all the land to the developers, but the minute a developer comes along (who is injecting into our economy, thats in the sh*thole right now) its all hands on deck, complain, complain, complain.

      And then you all will be seen using the facilities the following week.

      Grow up. Try and channel yourenergy to something productive, because if you hadn't noticed its all falling on deafs ears, oops, no its not, its the Elections in 2 weeks.

      The deal is done. Move on.
       

    • Anonymous says:

      19.53, yessir, right on, gonna miss all the trash blowin' around, all the dog shit, car fumes and noise, teachin' our kids how to spoil our own island dammit, it just won't be the same again.  

      On the other hand you could get a life and realise that there are actually much better things on the way than you are used to….like the new road..nobody much complaining about it now and same will happen with the beach. And knowing Dart they will probably even have someone clean up after your sorry a$$ so you don't have to worry 'bout it, cos you wouldn't worry about it before, why start now?

  6. Anonymous says:

    this is the biiggest non-story in history……….

    if you think you have public support, just start a legally binding public petition and submit it to the governor….. remember….no kids, no cruise shippers, no pets………

  7. Anonymous says:

    dart is nothing but beneficial to cayman. what is the problem?

    i pity cayman if it was not for dart's investments?…….. camana bay is world class….what have caymanians offered????….sheden road?……..zzzzzzzzzzzzzzzzz

     

  8. Anonymous says:

    Hopefully the positive that will come frm this is a better understanding by the public of the Judicial Review Process. Its not a 'last gasp' after other avenues have been exhausted. File your Judicial Review early and well then still have your marches and petitions, etc. if one of them works before the JR is heard so much the better but, if not, you still get your day in court. The court is clearly not a last line fo defence but one of the first.

    (Yes, I realise the cost implications. But until we can change the system the system requires timely fileing.)

    (And to the people wo think this was 'just' about not closing West Bay Road – that was linked to all of the other roadworks, etc. If they weren't done first WBR wouldn't have been closed. So the fileing would have to be before the major expenses were undertaken by the other party, otherwise the court looks at them as having a legitimate expectation that the decisions taken will be honoured. Hence the need for timely fileing.)

    (And to those who are dancing on the decision, you're dancing on Cayman's grave. The overall FCIA process has been nothing but bad for Cayman.)

    • Anonymous says:

      Hairsplitting at this point. The quality of the deal is not necessarily bad because the process was bad.

      • Anonymass says:

        Thats right. the ends justify the means. uhm … wait, let me think this through to the logical conclusion given some of the political means we've seen used here & elsewhere.

      • Anonymous says:

        Total waste of time and public money….the road is closed, get over it and enjoy the benefits that flow from it.

  9. Anonymous says:

    We were screwed from the first handshakes! Let this be a lesson Caymanians. Don’t sell out! What are you leaving your kids?

    • Anonymous says:

      Something better than a swamp in the ocean thanks to ?

    • Hoping for better days says:

      Our caymanians sold us out many years ago. I mean like 30-40 years ago…ok??? lets be realistic those days are long gone. we are just a floating city now…this is a postive development for our island but of course we won't accept this until its completed and we can sit back and marvel at it all. accept the changes happening and be content with what you have i your life.

  10. Peter Zuffrie says:

    I am interested in knowing what the public's feelings are on the fact that Mr Ackermon received Legal Aid to bring this matter to Court. Is this okay or is this a problem? Personally, I am relieved that it concluded so quickly, to avoid racking up a lot of bills for the public to pay.

    • Anonymous says:

      Happy that legal aide was granted. This is a worthy cause and in the public interest. 

      • SSM345 says:

        A worthy cause yes, but his attorneys should have told him from the outset that it would be shot down because he took too long in the application.

        Poor legal advice.

    • Anonymous says:

      total joke that legal aid was received!!

  11. Cody says:

    I seriously hope the comments thus far, and the 'thumbs up', are not a reflection of the voting citizens of Cayman. Because if so, we are doomed. "Fight against the Mastic Trail"… Really?? Fight against one of few remaining natural areas in Cayman? If we end up with a UDP/PNA government again this time around, I'm gonna have to kiss my country goodbye!

    • Anonymous says:

      When you listen to all these people go on about developing, it sounds like developing is the answer to all prayers and the solution for everything. 

      I wonder how come there are so many issues (such as high cost of living, unemployment, pollution, cheap labour etc) nowadays cause we are developed more than we have ever been.

      So the next time everyone goes on about those cheap imported laborers, how they Island is trashed out, just remember, this is all the price you pay for being "developed".

    • Anonymous says:

      Its not the party – it is people looking out for their self-interest alone… thats the problem

  12. Peace Out says:

    And the 41 people that do not  want the road closed, has thumbed you down. Therefore, the road will remain opened based on the support that wants to see progress. 

  13. Rodin says:

    Here is a little advice to all those who think that The Dart Group is going to save us from ourselves. Please keep in mind that the people of Argentina, Brazil, Greece and others felt similarly when told that this great benefactor was coming to their rescue, but are now wishing they had not accepted what they thought was such a generous offer to bail them out of their financial dilemma. I will remind all those who constantly talk about  the jobs that  will provided by this group [for Caymanians]. What we need is not more jobs, what we need is the placement of more Caymanians in these jobs that exist, so that  we would not be talking about the jobs that will be  created by our new found friend Mr. Dart. And to  those who keep repeating the misleading information about all the Caymanians that are employed at Camana Bay, and making it sound like they are employed by The Dart Group, just remember they are counting those who work at  those established Firms that have moved their offices to Camana Bay.  But those who actually work for the Dart Group is but a few! There are more "non english speaking" foreign nationals working there than any other group. Few "locals" have even unskilled jobs at that site.And keep in mind that the few CAYMANIANS who have been given any kind of white collar position with this group are encouraged to spread the propaganda about all the great jobs and other things that will be forth-coming once this group has been given everything it has asked for. 

    Here I'll ask you to think about some of the things that have happened in recent times that are indicative of the mind set of this organization and those persons who has enabled them in reaching the point at which they now stand. Let us mention a few of these things that are happening even as we speak, and as you read on you must  ask yourself, why does this group need to be involved in all of these businesses. Small businesses that are now run mostly by the "poor" and "middle class".

     Liquor: Wholesale & retail!  Tour Buses!  Boating and others Hotels, Rental Apartments and now Electrical Generation. Soon they will be in Telecommunication, Water Production and all types of  businesses.  We cannot let this happen in Cayman!  

    We are constantly told about the need for and the importance of new development, and that the Dart Group of companies thru this development will provide all these jobs that are needed so badly. This "mantra" is being repeated constantly by those  non thinking "Caymanians" who were hand picked for their blind allegiance to their employer, and, who constantly perpetrate this rhetoric on their fellowman.   

    Folks! As we go to the polls on May 22, 2013, just remember  that this fallacy that has been handed down to us, could not have been possible without the acquiescence of "unscrupulous politicians" and others who think only of themselves and care little or nothing  about the coming generations.

    P.S. This will no doubt be inundated with thumbs down by some, but I will remind them that the truth sometimes hurts, and there is nothing anyone can do to change it.

    "Therefore The Truth Remains"

     

    • Anonymous says:

      We  do not need JOBS so much as we need WORKERS.

    • Anonymous says:

      Gawd. Talk about paranoia!

    • Anonymous says:

      Residents have waited so long for the demonopolization of the utilities and now we have the ultimate monopolization happening right beore our eyes, yet people are not able to see the forest through the trees.  It saddens me that my fellow countrymen and women are not able to  see past tomorrow while Dart's initial business plan is 120 years long.  So 3-4 generations from now, every penny of our children's children's children cost of living is going to be paid to Dart, and they are going to look back in the history books and ask of our generation, "why?".

    • Anonymous says:

      Rodin,

      Most businesses in Cayman are like a 1970's motor vehicle. Still trying to sell itself against modern new and advanced vehicles from other countries.

      Cayman is outsated, out of style, lacking in amenities and comforts to attract today's customers. Cayman has simply rested too long on the "island that time forgot" mentality. It is ironic that we have accomplished exactly that – we are forgotten, people chose to go elsewhere now.

      We need modern business minded people who are prepared to make the investment to improve our services and amenities. It's not about being Caymanian or Expat – it's about being competitive in a global marketplace. A marketplace where people can travel anywhere, buy anything from anyone even if there is just 1c difference. That's the competitiveness we have to deal with.

      Without investors making these improvements Cayman WILL WITHER AND DIE. So stop blaming people people for giving this country a leg up. We need more Darts, more investment, becuase this gives us all a better chance to be competitive and put food on the table for our children.

    • But ask why?? says:

      Ask yourself this… If it’s easier, cheaper and quicker for Dart to hire Caymanians, why don’t there? To truly answer it will hurt so think carefully….

    • Dreadlock Holmes says:

      I understand what you've said. Although.. many others may not. Dart scares the daylights out of me not because he has some nefarious purpose in mind. But it must be remembered he is a businessman…an astute businessman. And a clever businessman. Find out more about this cleverness by researching the term Vulture capitalism. The main concern is that he has firmly established himself on Cayman. And a further concern is the 'negotiations' on this and other projects have taken place with an extremely clever individual and total bunglers within government. Disguised for propaganda purposes using the term an 'Alliance'. This is not an alliance. This is a private company buying up government assets. Because the government is broke. And, as you point out the same has taken place in other locations. But no one does any research because for some reason some people have put a halo around his head but just remember there is no 'free lunch' in these circles and never has been. Argentina, Greece.

  14. Anonymous says:

    Awesome!!! Let there be progress and maybe some of the 2000 people that don’t have jobs now will go get one, with all the construction and the the new hotel, water sports and restaurants etc. Truly against progress please go away and make some thatch rope……..

    • Anonymous says:

      Ask yourself this: what employed more born Caymanians? Holiday Inn or Ritz Carlton.

      Put that answer in your “progress is good” pipe and smoke it!

      • Anonymous says:

        Ask yourself this:  What gives better service to those who can afford it?  Holiday Inn or Ritz Carlton.  Now ask yourself why when your done smoking your pipe.

        • Anonymous says:

          The Ritz idea was sold to the island as creating jobs for Caymanians.  It has failed, full stop.

          • SSM345 says:

            Because the Caymanians who were given jobs at the outset quit or were fired.

            Does a business then close down? No, they find people willing to work.

        • Anonymous says:

          You ignore the fact that any development must better the lives of Caymanians and the Caymanian people for it to be sustainable. Unless it meets that criteria (which is not unreasonable) then there will be growing local resentment to the stage where expatriates will not be welcomed. Then we are all in trouble.

          • Anonymous says:

            Agreed 14.06, but then there must be an understanding from Caymanians that all development, change and acceptanc eof new ideas in not necessarily a bad thing. However, I 100% support that everything must be transparent so we know what we are getting, rather than just having to guess all the time..

      • Anonymous says:

        Holiday Inn – CLOSED – OUT OF BUSINESS beacuse it was a disgraceful, dirty, rat infested hell hole. The old world charm was even too old and too dirty. I stayerd there once! It was quicker to get served using FedEx. The food sub standard and filled at the weekends with powlers looking for a good time.

        Ritz-Carlton – voted Top Hotel in the Caribbean Region. Enough said.

  15. P.T. Lord says:

    God is good. Glory be to God!

    • Anonymous says:

      We have so many Gods now, which one are you talking about? Dart? McKeeva? Joey? Julianna? – yes they all feel and behave as if they are !!!

    • Anonymous says:

      thank god for dart.

  16. Anonymous says:

    With all due respect to Justice Quin who I have a great deal of respect for – and as someone not that close to the West Bay group who have formally lead the objection to the WB road close – I believe the timing was not too late. 

     

    We all expected that the elected Government would eventually reconsider the decision after seeing the level of objection to the road closure (at least be willing to re-negotiate to some degree).  They went out and protested and protested. They organised a petition, had rallies, apealled for the help of the UK/FCO – and when it appeared that democracy was failing and the elected officials were completely ignoring and trying to marginalise the objection –  this group decided to attempt to seek justice through the legal system. 

     

    Judicial Reviews and other legal action is extremely expensive and whether the learned justice believes it should be or not, due to the costs – legal action is a last resort for most individuals and community organisations. 

     

    Yes all the road works were well underway – however I believe this Judicial Review was applied for quit a bit before West Bay Road was actually and suddenly closed and however many tonnes of sand dumped on top of it. That is of course the main issue of the JR – don't stop the rest of the works from going ahead – however halt work on the West Bay Road!

     

    I hope the new Government will have the wisdom, foresight and strength to re-negotiate with Dart – and that Dart will have the integrity to be willing to accept another version of this deal looking at what is in the best interest of the Islands and thier people and not only Dart Inc. (e.g. with the WB road open in that area but a 15 mph landscapped boulevard with speed bumbs and lots of blinking pedestrian crossings close together). 

     

     

  17. Anonymous says:

    Thank you for your effort Mr. Akermon.  It was a valiant effort! If you're inclined to try in court again, perhaps you could look at s.26 of the Bill of Rights.

    • Anonymous says:

      Do it yourself. Don't expect others to fight your battles for you.

  18. Anonymous says:

    Good effort by a true Caymanian. No failure here. Never know unless you try.

    • Anonymous says:

      It was a complete and inevitable failure which wasted public funds.

  19. William Wallace says:

    17.35 no one is against development, it’s how it was done. You may like the nice new swings and trails but i ask you, why the secret if it is a good deal for cayman? Also there’s nothing being implemented that is Caymanian. If you look at all the weeping willows slaughtered and trees and palms that are not indigenous to the island are being planted.

    Let me dare you, go up to darts residence on the beach just past the water line and see what happens to you and you will see what this poor man and ladies are fighting for. If you are a local you will remember that song Jack don’t want me to bath on my beach. Look and see what happens a couple of years from now when he owns everything. There will be nothing left for our children at least called cayman. As a Caymanian there are some things we should try to preserve like a road that has been in our generations. I can only say that as a Caymanian beyond the frill and new swing sets, I feel robbed and disappointed by our politicians UDP, PPM and all the wanna be to allow this deal to transpire.

    I pray we don’t have to go to a museum to see pictures of what a soldier crabor a Popeye fish or a silver thatch tree or what a Caymanian looks like in the name of progress or development. I rather live a humble life than to drive a fancy BMW or a 5000 square foot house of which appears to be your ultimate goal for haste developments for the $$$ of which development brings. Go ask ms. Goldie who used to operate the old cenima how’s she is doing and if month ends are being met.

    God continue to bless the Cayman Islands.

    • Anonymous says:

      OH Please…. You would be exactly the same if you had thousand of people walking past your house and then deciding they want to have a pee on your bushes or a nosey around your back yard. You would cry foul of the nasty expats running around your hallowed ground. And for your information look at all the native local plantings at Camana Bay, the Dart Parks and any other development they do. Ms Goldie went out of business due to poor business practices! People don;t want the movie to stop half way through so she can sell them more candy and pop.  YES. God bless the Cayman Islands and to those people who take the risk to invest here against all the negativity and back stabbing. God Bless those people who are trying to make Cayman and better place for us all.

  20. Anonymous says:

    People need to stop fighting what is going to help our islands. Cayman is being developed! The public beach is still right there, with even better parking now and a new play area for kids. Fighting the road closure is fighting Cayman from growing and developing. I live in West Bay and i am so happy that i dont have to see an ounce of traffic on my way to work in the mornings. The roadisnt even finished yet so you can imagine how convenient it will be once its completed. Please go further up east and fight against the Mastic Trail as that is another issue to worry about! That is more important at the moment. As I see it Dart has done great with Camana Bay and the West Bay Road. Please dont stop the development of our little islands. We really need it instead of living in a stone age.

    Thank you.

    • Anonymous says:

      Again, again, again! It’s the way it was done. Does that mean Anything to you? Anything?

    • Anonymous says:

      Everyone has a right to their opinion and while I understand your arguments in support of the road closure and the development of the beach etc. I have to say that my opinion differs. Yes, the development of the beach  and the wider South Beach style road is accepted and enjoyed by some, however, this materialistic approach and encouragement of over development is what is destroying these Islands.Get feedback from our tourists and understand why more of them are now finding us much less attractive! However ….

      • Anonymous says:

        Well, first hand experience by friends on a recent cruise ship visit. EMBARASSING having them get dropped by a tourist bus on the former beach beside public beach. No exaggeration, there,were 15 people within 10 feet of them on the beach.

        Drove down to the new beach this Saturday. LOVED to see the expansion progress, and the grass and playground.

        You guys are delusional to say this isn’t better.

        And NO, I don’t work for Dart or have any connection. Just an honest observation. Move on guys.

        • Anonymous says:

          No one is saying that Dart doesn't do a nice job with his parks etc….. The problem is the total lack of negotiation by the UDP to get us a better deal. Hence the steal. 

      • Anonymous says:

        OK I got the feed back and the tourist said they are finding the anti expat(which includes them) attitude and the high prices not very attractive.  However as long as they don't have to interact with Locals or spend too much on too little they like the beach.

    • Anonymous says:

      The cave dwellers would like us all to live in caves.

      • Anonymous says:

        And Dart wants us all to move into his homes and apartments.. He wants total contrl and is moving that direction.

        • Patricia X says:

          I will be moving into the homes as soon as they are ready.  I am sure they will be fabulous.

        • Anonymous says:

          Good fro him, I certainly hope he get's it.. Maybe the the spiraling down economy we have he will start to go up again…

          • Anonymous says:

            I spiraling down economy strangled in large part by the burden of populist immigration policies which have imported thousands of people tonwork on the last round of projects without employing locals and made them Caymanians or Permanent Residents on $3.50/hour salaries and no means to support themselves and their ever growing numbers of children.

      • Anonymous says:

        Nobody wants you to live in a cave.  …….  well, maybe YOU, but nobody else.   We want a vetted, tendered deal, not a backroom, unknown deal.   It's really as simple as that.   I don't object to development, but I do object to the country being sold out.    What's the rush?   This is important.    We have to get this right, but no, some of you are lauding the shiny trinkets and not thinking about the long-term consequences, like giving away concessions to those who least need them.  

      • Peanuts says:

        Wealth without wisdom, is disaster.

    • Anonymous says:

      More people need to experience the Mastic Trail, and protect the limited local stewardship initiatives we have going – before they are over-run by "progress".

    • Peanuts says:

      Development for who? Show me the improvement in the lives of the native Caymanian. Don't show me the buildings they cant love in, or restaurants they cant afford to eat in, and cant get work in, or cant sell to. Live in your Ivory Tower. 

      I sugest that you stop, look and listen to what is happening around you on the street, not the Go;f Course, or Board Room. 

       

    • Anonymous says:

      !7.35 is either in denial or working for the developer.

      The intention was always to have TWO roads going into West Bay and TWO roads exiting it. This was to provide for ease of traffic flow, but more importantly to ensure that in the event of one of the roads being made impassible there being an alternative. People's lives would depend on this. We now have an area (thanks to the developer) that remains ONE road, thereby endangering lives were it to become impassible.

      No amount of heaping on of priase regarding anything the developer has done alters this reality. Whether you the reader are prepared to acknowledge this is, of course, entirely a matter of choice. Thank you as well.

       

       

       

      • Anonymous says:

        If you disagree with the necessity for the two roads in and out kindly explain your rationale. I'd be fascinated to be "enlightened" by it. I'll not be holding my breath for any response, mind you. The technique is one of smug silence, historically. But history has proved that such an approach eventually falls due to its lack of integrity.

    • Anonymous says:

      Is it coincidence that with more development, Cayman has become worse off than what it used to be 15 years ago when I first arrived on Island? Back then, everyone was making decent money, there was no unemployment and tourists really loved coming to Cayman cause it was the tropics – paradise!

      We started developing, the greed got the better of everyone and tourists are complaining that they are being ripped off for a poor tourist product. They don't want to sit between concrete, they want nature (cause concrete they also have at home), they want something true Caymanian and they like to go back basic chilled out ways of the Caribbean.

      I remember how I could go to the beach anywhere I wanted, now the beach is trashed out and you hardly can find any access where you can actually manage to carry a cooler and a beach chair.

      Yeah, great development! I can really see how it was benefical for a few wealthy families and everyone else got pretty much left behind……..

      In another 10-15 years, Cayman will have dropped off the map for loads of people and we are going to be left with a lot of developed stuff that is by then delapitated and Dart will own everyone and everything…….but, hey, it was developed, right?

  21. Anonymous says:

    Absolutely right, the law is clear on the need to act promptly and this suit was always going to fail for being too late, as called on CNS. Why was this hopeless case ever given legal aid?

    • Anonymous says:

      The really sad thing is that neither of us — or ANY of us — knows the complete terms of this deal.     I really hope and pray that I'm wrong, that everything will turn out as a benefit to the Cayman Islands and its people.    Meanwhile, when we are surprised by the other shoe dropping (or shoes),  we will have ourselves and the former Premier to thank for selling us out.  

    • Anonymous says:

      An legal aid money should be paid back.  It is disgrace that this got funding.

    • Jonas Dwyer says:

      But it’s not just the incorrect filing, it’s the mind set of many caymanians that nothing else must change. How many changes has this country seen during the last 40 years ,many including schools, roads etc. to not want to change a road which they claim will stop them from having a scenic view of the sea while they drive at 40 miles an hour is preposterous. Change is inevitable Cayman, from the day you opened your shores to foreign investment without rationalizing the effects thereof and the need for maintenance of preservatory controls, that was your demise. Your Leaders at leastb most of them don’t have the acumen or the vision that you needed40 years ago and for your immediate and long term future. They ate like the tower of babble. Sad but true

    • Anonymous says:

      The complainant in this case is always talking about wasting governments money; I would put the legal aid given to him in this category – a waste of money.

      • Anonymous says:

        Who signed off on this case to get legal aid funding?  Because I can't believe anyone could say this case had good chances.

    • Anonymous says:

      After May 22nd 2013, all of us will be asking Dart for toilet paper.  Make sure and vote out the UDP and PNA,  The leader slotted us away and the others ran over us with the bus.

    • Anonymous says:

      I would rather see legal aid being spent on something like this than to see out money being spent on criminals, who deliberately go out steal, rape murder our citizens and rack up dollars of our money to try to be proven innocent.  At leat Mr. Ackerman was fighting for a just cause.