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Court orders demolition Coral Beach Club


By Flipper - Posted on 13 May 2009

Publication date: 
Tue, 2009-05-12
2009-05-12

SXM Chronicles -
Peyton Cromwell’s Duck International has to demolish one building, and take the third floor down of the main building at his Coral Beach Club Resort on Dawn Beach.
The Court in First Instance ruled yesterday that Duck has to demolish the structure within one month after its sentence, transport the debris to the landfill, and pay the cost of the court procedure.

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Congratulations to all those responsible for fighting for this verdict. JUst image we as locals have to fight a foreigner for our own land. St, Maarten belongs to the St.Maarteners not to Duck international and Peyton Cromwell.

This is a huge encouragement to us the local people. We do not have to give up let us fight and get back our lands.

Question. Who did this fantastic lawyer job? We need her or him for Pelican.

Lexwell Attorneys, mr. Jeroen Veen.

Kudos to Mr. Veen for a job well done, that monster of a place should of never been given the green light on permits, soooo now wouldn't it be appropriate to go after the individuals that were paid off for the issuance of the permits to build?

LARRY

How many of the Coral Beach Club units did they sell?

What will happen when the big hurricane hits Dawn beach as they appear very close to the ocean?

I guess we shall see what happens, the reef off Dawn Beach is mostly dead or dying so in the years to come there will be less protection there from storms. Sales were very slow, their website no longer seems to show which units are still available.

Here's a gem from the archives.

Flipper

This ruling could well be only the beginning....with hopefully more to follow.
We must therefore thank those who stand up for their rights, and their determination to be counted, even against the seemingly most powerful and greedy so-called investors, backed by corrupt government officials.
Faith, consistency and courage does pay off,...... sooner or later.
So, natives of this island, ban negative thoughts and expressions like 'te don too late', wah w'ion do', I just one person, etc....
I would like to believe that the work of people like Jadira Veen, Rueben Thompson, Joan Verwoord and other activists and talk show hosts, like Chris Emmanuel, de Dje Robert, Oral Gibbes, Billy D Hamlet and many others have laid the foundation for a strong consciousness of human- and other rights of people.
The constant speaking out by these people DOES make a difference, certainly over the course of time.
They should be encouraged to continue to be watch-dogs, trying to ensure the rule of law and a healthy quality of life for the people on and of this island.

Leopold JAMES

Amen!

I agree with Leopold that this ruling may prove to be a "jurisprudence" for future cases against unlawful developers backed by corrupt political officials. I too commend citizens like Hendrikus Hager who courageously stand up for their rights. Only by upholding the laws of the land can we with pride demand our desired country within a country status . On the grand scale, this verdict is a new hope for the people of Sint Maarten to break the destructive cycle of blatant corruption and disregard for the law. I applaud everyone who participated in getting this ruling.

Marlou

For someone who claims beaches, tells developers like Westin that they can basically do what they want, dredges the lagoon without permits, reportedly also builds marinas without them too. Who did all he could to remove Joan Verwood from Dawn Beach and left a tiny public entrance for residents and visitors. This is a well earned ruling and about damn time we got one like this.

I hope we can catch the demolition on video..... anyone??

Coral Beach / Duck Int. (& Ms B's) Archives

Flipper

I agree with you 110%

Oh Yes, Peyton Cromwell so deserves this ruling.
Indeed Peyton thinks he is King of the island and can pay off any politician and civil servant.
Well, he has done well paying off the likes of Joseph Dollison and Delano Richardson but he could not escape the court of justice.
There is so much behind this that people should see, for instance why is it that a neighbor has to bring this injustice to court? where were the inspectors when the building was being constructed? Why is it that private citizens have to bring the issues such as this one to court while government is there to protect us? It is their duty to make sure that development occur accordingly and without irregularities. The fact is that we have to start holding government accountable(negligent-incompetent) as they are accomplices in this entire affair.

Knowing Peyton, he'll most likely appeal the case and if that doesn't give him a ruling to his liking, he'll take it to the highest court in the Netherlands. So don't expect any demolition being done anytime soon.

Does anyone know if the units on the top floor (that is now being ordered to be demolished) were sold? If so, I encourage those owners to file for a hefty claim towards this developer-without-a-conscious.

It's people like Peyton Cromwell that really don't give 2 cents about the state of the island, its people and preserving nature. Greed is their prime motivation, nothing or no-one else matters.

Cromwell may go on appeal, but that won't help him.The court ruled that its verdict is "bij voorraad uitvoerbaar." I don't know the translation for this expression, but I know what it means: an appeal will not suspend the obligation to execute the verdict. Cromwell has the right to appeal, but he still has to call the buldozers - or else.
Maybe he will pay the $2 million fine, who knows? But as far as I know that stil does not do anything to change the verdict.
If he does not demolish the place within a month after the verdict that fine kicks in at $5,000 a day for Villa Conch and for that third floor. That's ten grand a day. After twenty days he'll have reached the max fine of $1 million for each count, and I figure that within that time (30 plus 20 days) he might get a hearing on appeal.
In the meantime, I guess he does not sleep too well.

I would not count too much on an actual demolition taking place as yet. They might still settle with the plaintiff, I read that he has offered to sell his own house for market value several times. It would probably be cheaper for Duck to accept this offer now than to actually demolish. Further, they can ask for a suspension on the "uitvoerbaarheid bij voorraad" in their appeal.

They can ask for a suspension on the uitvoerbaarheid bij voorraad. Indeed they can. The question is, will they get it? My sources tell me they don't. The decision of the court seems to be accurate as a Swiss watch.

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