By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

AN Abaco-based advocacy group is contesting a Supreme Court judge’s order for it to pay the government and a US-based developer a combined $250,000 in “security costs” ahead of the group’s judicial review of the proposed construction of a marina at the heart of a solar powered community.

Responsible Development for Abaco (RDA) is appealing Justice Petra Hanna-Weekes’ order for the group to pay The Abaco Club $150,000, and government respondents $100,000 ahead of the group’s legal action against the proposed 44-slip private dock at Little Harbour.

According to court documents, RDA is opposing The Abaco Club’s plans to construct the 44-slip dock, along with a supplies shop, private restaurant, 6,000 square foot covered car park, generator, desalination plant and waste treatment facility.

The proposed development will measure 320 feet across the outside piers, 210 feet between the two parallel main piers, and will extend 270 feet into Little Harbour, with the intent for it to accommodate boats up to 60 feet.

However, RDA fears if the project goes ahead it will completely change the environment and character of Little Harbour, a 50-home community that runs entirely off solar power.

Besides its environmental concerns, RDA further claims that the government respondents decided not to carry out any, or any proper consultation before making decisions concerning the grants, permits and approvals required before the development can be constructed.

The group further claims that the government respondents have withheld information so as to deprive the group of its statutory rights and/or legitimate expectations to contribute to any consultation process.

RDA’s Vice-President David Pitcairn, in a sworn affidavit, alleged that RDA sent letters to all of the respondents on December 21, 2015 concerning the issue at hand, and that a response to those letters was requested by January 2, 2016.

However, Mr Pitcairn claims not a “single reply has ever been received to any of those letters, not even the courtesy of an acknowledgement.”

The group also raised fears that the necessary permits for the proposed development would be granted in secret, thus allowing for work on the proposed development to begin and it in turn becoming a fait accompli, or something that has been decided before those affected hear about it, giving them no choice but to accept it.

The nine government respondents later sought an order pursuant to Section 85 of the Companies Act, Chapter 308, that RDA pay it security costs totaling $150,000, arguing that because RDA is a “limited liability company,” it would be unable to pay the government respondents if it loses the court case.

The 10th through 12th respondents, namely Abaco Club Investments LLC, Abaco Sporting Club Limited, and Winding Bay Development Ltd subsequently sought an order for RDA to pay security costs in the amount of $350,000, making similar assertions as the government respondents.

In a written ruling stamped June 14, Justice Hanna-Weekes said an “appropriate award” was a “global quantum” of $250,000—$100,000 for the government respondents and $150,000 for the developer’s costs. She said the security costs are to be paid by cash, bond, or letter of credit from a commercially licensed bank within the Bahamas within 30 days of her ruling.

She further ordered that the judicial review would be stayed pending that payment.

RDA, represented by attorney Fred Smith, QC, subsequently appealed that decision.

The matter was set to be heard before Court of Appeal Justices Jon Isaacs, Stella Crane-Scott and Roy Jones, however, the Crown indicated that it needed more time to better prepare itself for the matter, and the matter was adjourned to February 19 of next year.

The Abaco Club is owned and/or operated by Southworth Development LLC, a company based in Massachusetts, and/or related companies such as Abaco Club Investments LLC, according to court documents.

The Winding Bay-located development was acquired in late 2014 by a combination of Southworth Development and a group of existing homeowners, who purchased it from Ritz-Carlton and Marriott.