Claim #775 of 2009 ACCSD vs Dave Mitchell and Grand Belizean Estates
Claim #775 was back before Hon Justice Hafiz in Belize's Supreme Court last Friday morning. The Claim is for a) An injunction to restrain the defendants from unlawfully cutting mangrove, dredging, mining or building a road without specific lawful permission. b) Causing significant environmental harm to the area without the properly issued permit from the duly authorized lawful authority. c) Damages for unlawful interference with the use and enjoyment of property with the public domain The defendant's legal representative asked for the claim to be rejected citing that they had been engaged by the San Pedro Town board to build the road and had discontinued construction of the road. The defendants did not provide any documentation showing permits or legal authority for constructing the road. As a result of the defendant including the San Pedro Town board in the reasons for rejecting the claim, the Hon Justice ruled that the SPTB be joined in the action as a party to the Claim. The Claim is ongoing. The ACCSD's stance from the beginning has been that the road and all other developments must be built according to the laws of the country of Belize so that development continues in a sustainable way.
The ACCSD believes it is working in the best interests of all island residents especially those who own lots in the Colonial San Diego and Ambergris Bay area. A road constructed without plans or adhering to the Ministry of Works and Department of the Environment guidelines and permits will not be the best road possible for the residents, the island or the environment and will likely be impassible within a very short time. On behalf of the ACCSD Sharon Pitts suggested that the three groups meet as soon as possible to start to consider a resolution of the matter in compliance with the laws of Belize. This was agreed to by Nigel E Banks lawyer for the defense.
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