Remember the walls at the Tourism Village? Well, when last we reported on them in June, the Court of Appeals ruled that they can remain in place. But, the Brown Sugar Market Place, Harbour View and Michael Colin Gallery may want to take their appeal all the way to the Privy Council in London. And today the Court of Appeals gave those investors conditional permission to do so. Within the next sixty days, their attorney Fred Lumor now will have to give a security that he will prosecute the appeal and assume the costs of the other side if the council decides against them. This afternoon the attorney was confident that once he is given final leave from the Court of Appeal, he will have a date to appear before the Privy Council within a year.
As he did in the previous cases, Lumor is planning to argue that the erection of the wall contravenes the rights of the owners of Brown Sugar, Harbour View and Michael Colin to work or make a living. That argument was successful before the Chief Justice but the decision was later overturned by the Court of Appeal. The decision to go to the Privy Council is big news because it will be very costly to fight the case in London. But Lumor told us today that the fight continues because quote “this is a major constitutional issue.”
What’s also major are the costs that have accrued so far. The Fort Street Tourism Village has sent Brown Sugar and friends a bill for costs which totals close to seven-hundred thousand dollars.
