By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A former Cabinet minister has defeated efforts to cut a parcel of land, upon which Mario’s Bowling and the former Robin Hood store sit, by 42 percent prior to its award to him.

Sir Ian Winder, the chief justice, in an October 18, 2024, ruling rejected arguments by the Higgs family that Leslie Miller and his Leshelmaryas Investment Company should not be awarded “more than 13 acres” of a 22.55-acre parcel that an earlier Supreme Court ruling found should be handed to the ex-MP.

The verdict, which has its roots in a land dispute dating back 57 years to the time when The Bahamas achieved majority rule, is linked to the agreed partition of a larger 92.33-acre site off Tonique Williams-Darling. It is located on the road’s western side immediately behind Mr Miller’s existing Summerwinds Plaza retail complex, which now also houses the Road Traffic Department.

The Chief Justice, noting that the site has a “storied past” given previous legal battles, said Mr Miller and the Higgs family had agreed to partition the location into two. The former MP and Cabinet minister, and his family, were “entitled” to a one-quarter or 25 percent interest in the property while the Higgs were to receive the remaining three-quarters or 75 percent.

The Supreme Court, in a previous April 24, 2006, verdict had ruled more than 18 years ago that Mr Miller and Leshelmaryas Investment Company should receive a 22.55-acre parcel immediately adjacent to the Summerwinds Plaza. This would secure a site upon which now resides Mario’s Bowling and Entertainment Palace plus a portion of the former Robin Hood food store.

The Higgs family was due to receive the remaining 67.78 acres, but it subsequently disputed these allocations and how they were to be calculated. Drawing on appraisal that priced Mr Miller’s parcel at $300,000 per acre, triple the value of their property, they argued that based on this valuation the former Cabinet minister would receive more than one-quarter interest if granted the 22.5 acres.

This, though, was rejected by Sir Ian who upheld the earlier 2006 partition verdict’s land split. Mr Miller declined to comment yesterday when contacted by Tribune Business, although the verdict appears to secure the property upon which Mario’s Bowling and the former Robin Hood store sit, instead directing this newspaper to speak with his attorney, Anthony McKinney KC. The latter did not return this newspaper’s message.

The Chief Justice, detailing the evidence submitted by both sides, revealed that Mr Miller and Leshelmaryas Investment Company had accused the Higgs family of “committing egregious destruction” on most of the 92.33 acre site and were now asking the court to “ignore” this and award them more of the property.

Asserting that the Higgs family would not be “disadvantaged in any way” by the value of the property they are left with, the ex-Cabinet minister and his firm said they would retain “land that is considered commercially viable even though they have committed serious damage and destruction on that section of land” by quarrying and mining fill.

“The Higgs have extracted substantial wealth from their mining operation and Leshel (or its predecessors) in no way benefited from any of the profits they made over the years,” Sir Ian wrote of the submissions by Mr Miller and his company. “It would be unfair for them to now ask the court to ignore the wealth they made over the years from the subject property.

“Leshelmaryas Investment Company’s position is that it has developed a section of the 22-plus acres that it is seeking and has erected a commercial facility that provides entertainment for any number of Bahamians, as it is the only bowling alley together with other entertainment facilities. The Higgs in no way assisted in the development of the entertainment centre.”

Damian Gomez KC, who represents Mr Miller in another legal matters, yesterday confirmed that the bowling alley is presently closed. Mr Miller, when asked about this, replied: “I wish you could get the Government to get me sorted out.”

That appears to be a reference to ongoing negotiations over striking an out-of-court settlement with the Government over its alleged breach of multiple lease agreements for public sector agencies to rent space in the Summerwinds Plaza complex.

Mr Gomez, confirming the talks are continuing, told Tribune Business: “We still are, much to my chagrin. Hopefully it will be resolved by Christmas. That’s what I’m hoping for and where we are.”

Mr Miller had previously alleged that the Government’s failure to follow through on the leases, and make combined rental payments exceeding $4.5m annually, resulted in his companies being unable to repay Bank of The Bahamas loans secured on the Summerwinds Plaza.

The BISX-listed institution, which is alleging it is owed more than $30.5m by Mr Miller and his companies, subsequently transferred the delinquent loans and assets upon which they are secured to the Bahamas Resolve bail-out vehicle. Mario’s Bowling was among the entities for which Bahamas Resolve appointed receivers to secure.

Meanwhile, Sir Ian said the Higgs countered by accusing Mr Miller and his company of being “solely responsible for mining activities on” the 92.33-acre site’s north-eastern and north-western portions. They claimed the ex-minister excavated the land that Mario’s Bowling Alley and the former Robin Hood store occupy in breach of a Supreme Court injunction that was in place to prevent such activity.

“They say that Leshelmaryas continued unabated to do and take which portion of the property it desired irrespective to entitlement, value and/or the interest of other co-owners,” the Chief Justice wrote. “No regard was had to the injunctive orders in place, and they say that Leshelmaryas excavation was not limited to the 22.55 acres.

“The Higgs say that Leshelmaryas has depleted a great portion of the land without regard for the future of the land. They say that they have observed the destruction of the property by Leshelmaryas excavation in excess of 20 acres of the property. They claim that Leshelmaryas has also excavated outside the scope of the 92.23 acres.”

While the Higgs family had agreed to the partition, Sir Ian said their position given “the value and profits” received from the land by Mr Miller and his company was that the former MP’s one-quarter interest “ought not to include more than 13 acres adjourning the existing 12.5 acres owned by them” which represents the Summerwinds Plaza. This would have cut the ex-MP’s parcel by almost 10 acres, or over 42 percent.

Sir Ian, noting that the dispute was about the size of the land parcels that should be allocated to both sides, and the Higgs family’s clam that the 22.55 acres “ought not to be granted in its entirety” as this would give Mr Miller “the better section of the subject property”, said the two sides were relying on appraisals and assessments more than a decade old to support their claims.

An appraisal by Robin Brownrigg, dating from 2011, valued Mr Miller’s parcel at $300,000 per acre and that of the Higgs at $50,000 per acre. The latter would have increased to $100,000 per acre if a road was added, and Sir Ian suggested the discrepancy was due to the development of Mario’s Bowling Alley.

“As the Higgs made no contribution to the construction or development of the bowling alley, they ought not to reap any enhanced value as a result solely of it,” the Chief Justice wrote. Noting that both sides were responsible for the property’s condition, he added that there was “little merit” to the family’s suggestion Mr Miller’s parcel was of higher value because their acreage can still be exploited for quarrying.

As a result, Sir Ian upheld the property’s partition as per the 2006 Supreme Court verdict and rejected the Higgs family’s bid to change the acreage allocations.