Monday, February 23, 2009
By NATARIO McKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net
ALL businesses impacted by the New Providence Road Improvement Project (NPRIP) will be invited to join a Supreme Court action seeking compensation from the Government, the head of the business group that initially won its case told Tribune Business.
Ethirc Bowe, representing the Coconut Grove Business League (CBGL), said: "Because of the way we won it in the court already, we are going back to the Supreme Court. We are going to include all of the other people in it as well, because basically we have already won that action and we are aware of the technicality that was used against us.
"We won the case, and the judge gave us damages under a particular heading. The appeals court said the judge shouldn't have given us damages under that heading, so we're going back to ask for damages under the specific heading."
Mr Bowe acknowledged that the group saw its application for leave to appeal to the Privy Council recently dismissed by the Court of Appeal. "The appeals court struck off the request for leave to go to the Privy Council. Our lawyer did not know they were hearing the request for appeal, and so he didn't show up," Mr Bowe added.
"Our lawyer has written to the Registrar to put the application back, and failing that he will appeal directly to the Privy Council."
Attempts to reach attorney Maurice Glinton, who represents the group, were unsuccessful. Millions of dollars could be assessed as owed to business operators on Blue Hill Road as a result of the roadworks and re-routing of the road, which hit businesses there when it began in 2010.
The Coconut Grove Business League raised its voice in protest nearly a year ago against the new traffic system -a part of the NPRIP which made Blue Hill Road one-way northbound and Market Street one-way south-bound - citing the negative impact this had on their businesses.
The group of some 50 companies took their fight to court, securing a victory against the Government over the road changes. The Government appealed the ruling of the Supreme Court to allow the association of business owners compensation for losses as a result of roadworks on the Baillou Hill Road and Market Street corridors, winning the case.
Cost overruns have forced the Government to seek a further $12.5 million in debt financing from the Inter American Development Bank (IDB) for the New Providence Road Improvement Project, taking total borrowing up to possibly as much as $155 million.
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