By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A top Briland resort is demanding that a Bahamian-owned horse riding business pay it $912,500 within ten days or face the threat of legal action as their long-simmering dispute reignites.

Pink Sands, which employs a 70-strong staff, issued the legal demand to Byron Bullard, principal of B&B Horseback Riding, at the weekend while claiming it has lost revenue “in the region of $1m” because guests cannot use its high-end cottages with his stables “not even 20 feet away”.

Mr Bullard, whose horses have been described as “iconic” and a major attraction for visitors and day-trippers, yesterday told Tribune Business that the resort appeared determined to force him and his business off the beach through aggressive legal tactics.

“They don’t want me on the beach, period. That’s what they’re trying to do,” he said. Asked how he planned to respond, Mr Bullard told this newspaper: “I’ll wait to see what my lawyer says tomorrow. I’ll wait on him. I’ll let him lead the flock and see what happens.”

Documents seen by Tribune Business show Pink Sands is demanding the $912,500, calculated at the rate of $500 per day, as compensation for Mr Bullard and his business having allegedly “unlawfully occupied” the south-east corner of the resort’s property until they moved to Crown Land immediately adjacent to their former location.

This newspaper can also reveal that the resort, in a bid to seemingly intensify the pressure on Mr Bullard, has also written to Prime Minister Philip Davis KC urging that the Government and its regulatory authorities take action over Business Licence and other claimed infractions - all of which have been vehemently rejected and denied by the B&B Horseback Riding principal.

Martin Lundy, the Bahamian attorney for Pink Sands, in a June 28, 2024, legal notice that was served on Mr Bullard at the weekend, wrote: “You are aware of the previous complaints made by the resort concerning your construction and operation of a fence and horse stable on the Crown Land abutting the south-east portion of the resort’s property.

“As you are aware, the resort recently constructed two cottages on the south-east portion of its property. The cottages offer a unique vantage point with private pools overlooking the public Pink Sands beach. However, the staging area for your horses, which includes a shed and a fence, is not even 20 feet away from the resort’s property.

“The resort is aggrieved by your operation of the horse riding business on the land abutting its property in the following ways.” Mr Lundy’s letter cited several concerns and grievances, including the noise from the horses, equipment and stable activities “disrupting the serene environment that the resort’s guests expect” as well as the smell.

Pink Sands also voiced issues with “air and water quality”, and the impact of the stables on its guest experience, and the loss of “uninterrupted sight of the sea” which was described as “a crucial element of the unique ambiance that sets the resort apart”.

“Unfortunately, the construction and placement of your horse stable adjacent to the resort have significantly impeded the panoramic views of the sea that the resort’s guests have come to expect,” Mr Lundy wrote to Mr Bullard.

“Your operation of the horse stable in such proximity to the resort has caused - and continues to cause - severe disruption to the resort’s business, thereby interfering with the resort’s peaceful enjoyment of its property. The net result is that the resort is unable to offer the cottages to its guests given their proximity to your horse shed and fence. To date, the resort approximates its loss of revenue to be in the region of $1m.”

However, Harbour Island sources consulted by Tribune Business said Mr Bullard, his business and stables were at the location first before Pink Sands constructed its high-end cottages. And this newspaper has obtained a copy of the New Year’s Eve 2021 letter from North Eleuthera’s district administrator giving Mr Bullard permission to proceed with the construction of his stables.

Gilbert Kemp, the administrator, wrote: “I refer to your building permit application to construct a horse shed on Pink Sands Beach. Please be advised that, at a meeting of the Town Planning Authority held on Wednesday, September 29, 2021, your application was reconsidered and approved.”

And, on November 28, 2022, Stephen Wilson, administrator for the North Eleuthera district, told Mr Bullard: “Please be advised that Andres Ioannou, managing partner of Pink Sands resort, was informed that he does not have the authority to demolish or remove your horse shed located on Pink Sands Beach, Harbour Island, according to the Town Planning Act.

“However, due to the nature of this matter all communications have been forwarded to the Department of Lands and Survey for their review and necessary action.” Local government authorities are responsible for Town Planning on many Family Islands.

However, Pink Sands’ demand that Mr Bullard pay it $912,500 in compensation is rooted in its claim that B&B Horseback Riding was allegedly “unlawfully occupying” the south-eastern portion of the resort’s property prior to the present owner, PS Ltd, acquiring it in 2014. 

“We understand that PS Ltd advised you in or around 2015 that they intend to develop the resort and required the use of the south-eastern portion of the resort’s property,” Mr Lundy wrote. He asserted that Mr Bullard and his business, though, did not move to the adjacent Crown Land until 2022, resulting in Pink Sands sustaining “significant loss and damage.

The resort has likely limited its claim to the five-year period between 2018 and 2022 due to the Limitations Act, which prevents its claim from going back further. However, it also demanding that Mr Bullard “within the next ten days” remove the fence and horse stable and discontinue operating B&B Horseback Riding from its present location.

Otherwise, Pink Sands will initiate Supreme Court action seeking orders and injunctions to achieve these objectives, as well as a claim for “nuisance” and trespass damages. The brewing legal battle pits a major foreign investor and resort against a Bahamian businessman and entrepreneur who is not without his sympathisers in Harbour Island.

One Briland resident, speaking on condition of anonymity, argued that the situation required compromise rather than confrontation. They said of Mr Bullard: “He’s a Bahamian businessperson that’s providing a tourist experience. There’s got to be a way for him to be accommodated. There’s got to be a compromise out there where everyone wins.

“The horses are iconic, and I support his right to operate there like the people renting the chairs and umbrellas, and selling the goombay smashes. This island is flooded every day with day trippers who come to see the iconic horses. He’s a nice guy. They’re looking after their hotel, and Byron’s looking after his interests and, unfortunately, they’re conflicted.”

The dispute also potentially sets central government against local government with respect to planning decisions. Mr Lundy, on Pink Sands’ behalf, wrote a June 16, 2024, letter to the Prime Minister urging the Government to “protect and defend” the Crown Land that Mr Bullard and his business presently occupy as it seeks to increase the pressure on him.

However, Mr Bullard’s case  is that the horse riding business, which he has owned and operated since the late 1980s, has occupied its present site “for more than 60 years” dating back to the 1950s when it was under other ownership. As a result, Mr Bullard is arguing that - through more than 36 years of “undisturbed possession” - he has met the 30-year legal minimum to be declared owner of the property.

The Ministry of Works has an active case against Mr Bullard in the magistrate’s court, arguing that the fence and stables for his business were constructed without a building permit despite the evidence suggesting this was granted by local government. 

However, in its letter to Mr Davis, Pink Sands made clear its frustration that the Ministry of Works case has been “incredulously slow to proceed and punctuated by unceremonious adjournments”. This has likely prompted it to make its own legal demands of Mr Bullard, with the resort also asserting that the administrator told him on March 21, 2022, to stop building a fence until he could provide a valid Crown Land lease.

“The resort’s significance in Harbour Island is undisputed - it being the largest employer on the island,” Mr Lundy wrote. “Aside from Mr Bullard’s construction of the shed and fence without a building permit, the resort is pained that no proceedings have been brought by or on behalf of the Crown against Mr Bullard for his continued trespass and occupation of the Crown Land abutting the resort’s property.”