Residents of West Landivar who oppose the David Gegg development have a lot to be happy about tonight. Their attorney and fellow resident, Tania Moody scored what she called a major victory in court today. Justice John Muria extended the injunction which restrains Gegg from clearing mangroves. It had been granted for 28 days in the first instance; well now Muria says it should hold until the case goes to trial. Moody told 7NEWS that it's major for them in both legal and strategic terms.
Tania Moody, Attorney for West Landivar Residents
"It is very significant Jules. It is a good victory on behalf of the residents. They can now rest easy at least for a year or two until trial of the action because we now know Mr. Gegg cannot deal with those mangroves and deal with the activities of his marinas that he intends to do. So it is very significant."
Jules Vasquez,
So as a commercial undertaking, when you have these halts, it affects you.
Tania Moody,
"By all means yes it does because now he has strong opposition from the residents and it will take a year or two before the matter is heard and in addition to that, you have judicial review proceedings now in place against the Forestry Department that is being heard on Friday and that will slow him down in respect to what he intends to build. So it will hamper his progress.
This case has set precedence with the entire country in effect. The residents have stand out with the entire country in effect. The residents have stand out and made basically a stance against the development and now it has set precedence for others to follow. They can now see that West Landivar has stand up against the developer and will essentially win."
Jules Vasquez,
So residents of West Landivar should sleep easy tonight?
Tania Moody,
"That's correct."
In a parallel and related development, Moody and the residents have launched an action against the Forestry Department to challenge the validity of the permit that was given to cut the mangroves. That goes to court on Friday.
Attorney for David Gegg, Andrew Marshalleck says that indeed the injunction does slow Gegg's plan to do reclamation in the area. Marshalleck adds though that he expects the date for trial will be somewhat earlier than the "one year of more" that Moody anticipates. He adds that Gegg has other valid permits to do reclamation related work in the area.
