Tuesday, Nov 12th

LATEST:
You are here: Islands Islands News Harbour loses second court case against Dock Maarten

Harbour loses second court case against Dock Maarten

POINT BLANCHE--St. Maarten Harbour Holding Company (SMH) NV has failed a second time in its efforts to put a halt to plans of Dock Maarten NV to construct a marina with a pier to accommodate ultra- and giga-yachts with lengths exceeding 100 metres.

An injunction SMH had filed with the Court of First Instance met the same fate as one which was filed in November 2014, it emerged Friday.

The Dock Maarten extension started in October 2014 with the initial phase of expanding a breakwater originally built in 1984. The project will entail creating a deeper basin for the facility that services ultra- or giga-yachts, and is to result in additional protection of boat slips belonging to the company, as well as Bobby’s Marina.

A building permit for the expansion of Dock Maarten, owned by the Deher family since 1979, was issued by the Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI in July 2014, in which it received permission “to construct a rock revetment…located at Juancho Yrausquin Boulevard.”

The Harbour Holding Company had requested the Court to forbid the construction on or under water parcels in the area of which it claims to be the official concession holder. The Harbour also called on the Court to order Dock Maarten to remove a constructed stone jetty from its concession area.

In July 2007, the Island Territory granted SMH the exclusive right to pursue all harbour activities in Great Bay. According to the Holding, this entailed that Dock Maarten was acting in violation of the concession, as it had been filling in water parcels and was building a stone jetty.

The harbour concession, which was granted to SMH for a period of 30 years, comprises Great Bay and Cole Bay and concerns all harbour activities.

In Friday’s ruling, the Joint Court established that parties are not contesting that Dock Maarten was exploiting a marina for quite some time before SMH Holding obtained a concession for the Great Bay area, and that this privately-owned marina does not fall under the concession.

It was also agreed between parties that Dock Maarten had obtained long-lease rights for four water parcels within the concession area and that construction of the stone pier started in this area.

Contrary to the lesser court, the Appeals Court did not find the fact that Dock Maarten had obtained a building permit the crucial element in answering the question if it was acting unlawfully with regard to SMH Holding.

In order to answer this question the Court deemed it important to establish how the long-lease rights obtained by Dock Maarten compare with SMH’s rights under the concession and whether the water parcels under long-lease, on which the pier is being constructed, fall under the concession or under Dock Maarten’s harbour facilities, which are outside of the concession.

The Joint Court said answering this question required additional investigations, in or outside the courts, which should also include Country St. Maarten as the party which grants concessions and long-leases. In stating this, the Joint Court decided to uphold the verdict of December 2014.

Image
St. Maarten midday Weather Forecast for Saturday
Saturday, 17 October 2015
DATE ISSUED: Saturday, October 17, 2015 @ 12:00 LST (16:00 UTC) VALID UNTIL: Sunday midday (12:00... Read more...
Image
SHTA poll: Businesses want anti-ship-jumping legislation
Saturday, 17 October 2015
Click here for SHTA graph pdf PHILIPSBURG--The St. Maarten Hospitality and Trade Association... Read more...
Image
Dominica’s tourism sector ready to welcome visitors after TS Erika
Friday, 16 October 2015
ROSEAU, Dominica--“Dominica is open for business and ready to welcome visitors to its shores.”... Read more...
Image
Reparations Committee: Withdraw Queens’ names from Suriname’s highest mountains
Thursday, 15 October 2015
PARAMARIBO--Suriname’s National Reparations Committee NRCS has filed a request with President... Read more...
Image
Ex-US House Speaker Hastert to plead guilty in hush-money case
Friday, 16 October 2015
CHICAGO--Former U.S. House Speaker Dennis Hastert is expected to plead guilty in a hush-money case... Read more...
Image
Hillary Clinton to 'look hard' at Julian Castro as possible VP pick
Friday, 16 October 2015
WASHINGTON--Democratic presidential contender Hillary Clinton won the backing of Housing and Urban... Read more...
Image
Half a million Yemen children face severe malnutrition
Friday, 16 October 2015
GENEVA--More than half a million children in Yemen face life-threatening malnutrition as a risk of... Read more...
Image
Modi to open 70-year-old files in challenge to Gandhi dynasty
Friday, 16 October 2015
NEW DELHI--Prime Minister Narendra Modi says he will seek to unravel one of India's most enduring... Read more...
Image
Cuba in cash crunch due to low commodity prices, Venezuela woes
Friday, 16 October 2015
HAVANA--Low commodity prices, a drought at home and Venezuela's economic crisis have created a cash... Read more...
Image
Apple's newest courtroom foe is patent-savvy university
Friday, 16 October 2015
NEW YORK--As a veteran of the global smart phone wars, Apple is used to courtroom battles with... Read more...
Image
Focus needs to be on fighting crime & helping unemployed
Friday, 16 October 2015
Dear Editor, With all of the political situation on the island, we can't lose focus on some of the... Read more...
Image
Had enough
Friday, 16 October 2015
Dear Queenie, My brother died years ago but his widow stayed close to our family. Eventually she... Read more...
Image
RBC St. Maarten Little League School Tournament
Saturday, 17 October 2015
Sister Marie Laurence defeated Leonald Conner in the RBC St. Maarten Little League School... Read more...
Image
Nadal trounces Wawrinka, Djokovic tames Tomic
Friday, 16 October 2015
CHINA-- Former world number one Rafa Nadal displayed more signs of a return to top form with a... Read more...
Image
Junk shop photo spurs quest to confirm Billy the Kid image
Friday, 16 October 2015
DENVER--For the $2 he spent to buy three old photographs, Randy Guijarro may have hit the mother... Read more...
Image
Few signs of improvement for NBA star Odom after collapse
Friday, 16 October 2015
LAS VEGAS--Pro basketball and reality TV star Lamar Odom spent a third day hospitalized on... Read more...
Image
Bruney cruises into retirement
Friday, 16 October 2015
~ After three decade in cruise industry ~   By Alita Singh   Frank Bruney has seen tiny... Read more...
Image
ALL HANDS ON DECK, WE MADE IT!
Friday, 16 October 2015
~ Fair Transport Sailing Vessel Nordlys is launched ~   St. Maarten has been graced by the... Read more...
Editorial - Anybody’s guess
Saturday, 17 October 2015
Governor Eugene Holiday has decided to seek legal clarity on the current constitutional impasse.... Read more...
Editorial - Time is up
Friday, 16 October 2015
With so much ongoing constitutional turmoil, the fact that more than 100 people attended the... Read more...
Image
Saturday Oct. 17, 2015
Friday, 16 October 2015
Image
Friday Oct. 16, 2015
Friday, 16 October 2015
Notices October 16
Friday, 16 October 2015
General Meeting St. Maarten Professional Softball Association (SMPSA) general meeting for the... Read more...
Notices October 15
Thursday, 15 October 2015
General Meeting S.M.P.S.A. general meeting for the softball season 2016 will be held at Sundial... Read more...