SMNN - Duck International Takes EXCO to Court - 2nd July 2007

SXM News Network

---Wants Judge to Force Government to Demolish Verwoord and Henson Tents---

Verwoord's Tent and Beach Chairs

Philipsburg:- Cromwell Peyton has taken yet another step to make sure he get what he wanted and that is to force Joan Verwoord and Sharon Henson off Dawn Beach. However, the investor would have to wait until July 13th to see if he was able to convince the presiding judge with his pleas.

Cromwell who is represented by Erick De Vries filed a civil case against the Executive Council to force Government to demolish what they describe as a restaurant and bar owned by Joan Veerwoord and Sharon Henson.
Cromwell claim the island government of St. Maarten are breaking the laws by refusing to demolish these restaurants that were built without a building permit. De Vries explained to the judge that based on the building permits ordinance; the laws are broken because the structures are held up by walls and are attached to the ground. The attorney at law also indicated that there is no Island Ordinance that permits the construction of such buildings on public or domain land. He asked why one local citizen should be allowed to stop a big investor to conduct proper business, especially on their properties. (Meaning the property of Duck International)
De Vries claimed that the structures are a hindrance to Cromwell’s properties and thus the company is not able to sell their villas, causing the investor to loose monies..
De Vries even went as far as telling the judge that his client is the owner of the beach because they have the certificate of admeasurements for the domain land.

Erick De Vries is questioning the intent of the Executive Council who only on Thursday granted Sharon Henson an indefinite vending license to operate on Dawn Beach. Even though the investor contested the granting of these permits, he said that his client has already sent in an appeal to executive council to withdraw both licenses. “The executive council is breaking Island and Federal laws and this should not be; I am now questioning how this government functions”? De Vries also said that government should treat everyone equally because everyone he said are equal and are tax payers in this society.

He said that he cannot understand why only days before the Island Council Election the executive council renewed Joan Veerwoord vending license. “What is the interest in doing so he asked? The attorney at law said his client have no intention to stop the local women to do business on public beach, but they need to comply with the regulations of their vending license which is to stand on their location and sell during the day, but they must move all of their belongings at the end of the day when they are going home.' There is no provisions in the vending licence to allow these people to construct buildings' he argued.

De Vries also said that the so call tents are of high risk to his client especially during a hurricane which can have flying debris which he said can hit and damage the villa apartments.

The attorney at law pleaded passionately with the judge saying that the fact that these women are on the beach conducting business they are hindering public access because beach lovers are not allowed behind their bars. “These women are taking up 72 meters of the beach, which means as a member of the public I cannot use those 72 meters." Who are they he asked and why is government overlooking the demolition of their buildings while only the other day they demolished some apartments on Pond Island. "What is the difference between these women and those on Pond Island?" he asked

Representing the Island Government of St. Maarten was Klass De Vries from Gibson Associates said that the island government are not breaking the laws because the women do not have buildings or apartments on beach but instead tents that are removable.
As for Duck International loosing monies because they cannot sell the villas which are ready. Klass De Vries said that the apartments are highly overpriced and for this reason no one wants to buy them. He said that the tents on the beach are not blocking anyone’s view.

Both women represented themselves in the court, Joan Verwoord explained the judge and also produced photographs of the small entrance that Cromwell left to access the beach, she explained the judge that not even an ambulance cannot get to the beach in case of an emergency, and that it is the developer who tried to block off public access to the beach as they were putting up a huge gate on the location. Verwoord also asked Erick De Vreeze what is his interest in the case as he himself was a client of hers for years and was using her tents prior to being the legal representative for Duck International. “Is this about the big monies too she asked”? This of course caused the judge to grin.
She also pleaded with the judge to visit the location to have a first hand look at the situation as the photographs that were presented by Duck are not showing the full picture. The judge informed Verwoord it was not necessary for him to make a special visit to the location as he already was on Dawn Beach and has seen what the situation is like.

Verwoord further explained that when she first occupied the beach it was all bush and has never turned away one person from Dawn Beach on the contrary she said she allows visitors to use her tents for free. She told the judge that her business place is removable within six hours, and at no time her belongings are left on the beach during a hurricane. “I have been doing business on Dawn Beach for years and this is not the first hurricane season I have been through” Verwoord argued.

Addressing the breaking of building permits Verwoord explained the judge that Duck International broke all the codes of their building permits because they were suppose to remain 40 meters from the water mark but their walls are just about 29 meters away. She also explained the reason she did not follow through with the agreement she initialed with Duck International is because they again broke their building permit when they constructed a 3 floor building instead of a 2 –floor as prescribed in their building permit. Verwoord explained the judge that the banks on St. Maarten refused to finance an illegal concrete structure.

Also speaking to the judge was Sharon Henson who told the judge she would like to know why did Duck International not live up to the agreement they have with her? Henson said she is willing to accept what they offered her and to move into what they proposed. She further told the judge that nowhere in her agreement did it state that if Verwoord did not agree to what was proposed to her then her agreement would not have been enforced. Henson told the judge she felt she was denied valuable information and that Cromwell main intention is to get rid of them. She also explained the judge prior to Duck International her tent was taken to the location with a crane and is moveable at any given moment, but because of Duck International that is no longer possible.

The judge who will not be in St. Maarten, he will hand down his verdict on July 13th from Curacao.