Update: Grenada Land Actors Inc. v The Planning & Development Authority; Singapore Heng Sheng; Range Development Grenada Ltd & the Hartman Group Ltd.
Members and Friends.
We hereby inform you that on 18 March 2024, Justice Raulston Glasgow set trial dates in the case brought by the Grenada Land Actors Inc. against the Planning and Development Authority of Grenada and the developers at Levera, La Sagesse and Mt Hartman. The Court dates for trial are the 2nd and 3rd of October 2024. As you are aware this case is by way of judicial review, an avenue which was intended to provide expeditious hearings and resolutions of administrative issues. GLA is challenging the planning permissions granted by the Planning and Development Authority of Grenada for massive hotel and coastal resort constructions at La Sagesse, Levera and Mt Hartman on planning and environmental grounds.
The Suit No. 290/2021 was filed in March 2021 and hearing of the substantive case was delayed due to legal issues raised by the PDA and the developers concerning GLA’s legal right to bring the case. The Court intimated that it had difficulties setting a two-day trial slot because of its heavy calendar. It is to be noted that GLA has been awaiting trial dates since 11 December 2023. The original trial dates for January 2024 had to be changed because of amendments GLA had to make to its claim due to the late disclosure of documents by the Planning and Development Authority.
GLA expresses dismay and frustration at such a long delay in obtaining a trial date especially as GLA had filed a certificate of urgency asking for an expedited hearing in lieu of an interim injunction. This claim was filed in March 2021 and has been subjected to delay after delay which could be construed as attempts by the PDA and the developers to silence GLA and have the claim struck out for lack of standing, that is the legal right to bring the case. From date of filing to trial it will be approximately three years and 7 months. Justice delayed is justice denied in our opinion.
If the courts are swamped, what is the Government of Grenada, the Chief Justice of the Eastern Caribbean Supreme Court and the Bar Association doing about it? Justice Glasgow expressed that they were, “dancing between the raindrops” to find a date. We have to ask the question, is this acceptable, particularly as in the meantime the developers are continuing their degradation of our environment unchecked? They appear to be bent on carrying on with what might very well turn out to be illegal developments and apparently without proper regard to the interests of persons who might be or who have been led to invest in these developments. Is it a case of buyer beware?
The matter was dealt with in Chambers. As usual, Professor Leslie Thomas KC and Rita Joseph-Olivetti represented GLA with director Ms Kriss Davies in attendance. Legal representation for the other parties remained the same.
