St. Maarten Private Eye

Foundations step into EWE court proceedings. - 20th June 2006

“This morning the administrative court heard the appeal filed by Mr. Henri Brookson and the Dutch company Emilio Wilson B.V. against the Executive Council of Sint Maarten for the so-called fictive decision (not taking a decision within the timeframe given by our law) on their request to receive the needed planning and development permit in order to develop the Emilio Wilson Estate.

All plaintiffs appeared together with their two attorneys Mr. Bergman and Mr. De Kort of Bergman, Bloem & Bergman attorneys. On behalf of the Executive Council only Mr. B. Hofman of Bermon law offices appeared. Jeroen Veen of Lexwell attorneys had informed the Judge by letter prior to this hearing that he represents third parties who wish to be made part of the procedure and voice their views on the matter whether a permit should be granted or not.

The attorneys Bergman and De Kort informed the Judge that just minutes before the hearing was to take place, they received a phone call from commissioner Marlin informing them that the study made by VROM was finally completed and that the Executive Council would take its decision on the plaintiffs request at the latest this coming Thursday June 22, 2006. According to the information shared by both attorneys, the commissioner informed them it was just a matter of his colleagues paragraphing his decision in order for it to be passed and that the Executive Council would not go and discuss all the fine details of the request. Attorney Hofman knew that the decision could be expected anytime soon, but would not confirm or deny that the decision will be received this week. The Judge therefore decided it is best to postpone the case. Plaintiffs however requested the Judge to at least wait until tomorrow 15:00 p.m. to see whether or not the Executive Council indeed took a decision on their request or not. Also in order for them to assess whether or not it is worth pursuing their case. If there is going to be an actual decision on their request, their appeal against a fictive decision no longer has any value.

The Judge informed all parties present that he would do as requested but informed parties that if he is notified that a decision has not been given by tomorrow, he will postpone the hearing until September coming. It is now up to the Executive Council to take a final decision on the request of Henri Brookson and the Dutch company Emilio Wilson B.V. to give them the necessary permits in order for them to develop the Emilio Wilson Estate. Let’s hope that in the benefit of the public in general that the elected representatives are not going to hold back on information and will share its decision with the public so that those concerned can file objections against that decision with the appropriate authorities.”

add new comment | read more