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#497335 - 10/28/14 10:13 AM Seafront Dispute Could Set Public Policy Precedent
Marty Offline
A property developer on San Pedro was in court today arguing an interesting case. He claims that his neighbor is abusing his sea frontage - and bringing down the value of his property. Gus Tabony was asking the Supreme Court for an injunction to block his neighbor Jeff Pierce from Reef village from unloading barges in front of his property. We heard from Tabony and from Pierce's attorney, Darrell Bradley on a case which may set out an interesting public policy precedent:..

Gus Tabony
"What we are trying to do is unjoin is the unloading of materials from barges from front of our beach front property. We feel that this is a private use of the public right of way and its damaging the sea wall. They've destroyed our pier and the defendants just claim that they have the unlimited use of the sea front in front of our property in which we are claiming because of our rights to the sea front, that's why we buy sea front property is to have the use and the access to the sea, that it's a violation of our rights to that part of the property."

Darrell Bradley, Attorney
"We are saying what is the urgency? You came to court in 2009 and you are not really pressing your rights."

Jules Vasquez
"If a barge were to park at BTL Park in front of it, thus interrupting the view and enjoyment of that view and then start to unload which there must be some public domain there, some beach reserve, you wouldn't like that."

Darrell Bradley, Attorney
"I fully agree with everything that you have said and 100%. The only difference with that scenario that you had given and the current scenario is that if somebody were to lodge a barge in front of BTL Park, you would rest assure that your municipality would go to court the same day to object to that. What the claimants have done in this case is they have allowed a practice to continue for 5 years and if you want an injunction, the fundamental rule is that you must go to court as soon as possible. There is a fundamental principle that delayed and defeats an in juncture."

Jules Vasquez
"They took out an injunction in 2009?"

Darrell Bradley, Attorney
"They took out an injunction in 2009 and they allowed the case to fester until 2013."

Gus Tabony
"We are a tourist oriented economy now and so we need to determine these issues."

Darrell Bradley, Attorney
"I think that there has to be a rational approach in balancing how people use and enjoyed their land. You must have access to your land, so there is easement requirements. Several of these facilities are used for docking, but we do recognize that people who own land should not be interfered in terms on their riparian rights, so it's really an interesting case and I think that when it is resolved, it would make good law for jurisdiction."

In the end, the court dismissed the application for an injunction and awarded costs to Jeff Pierce. The court has set a hearing for a full trial on the 19th and 20th of January, 2015.

Channel 7



Land Dilemma: Public Beach vs Private Beach

There is an ongoing land dispute on Ambergris Caye that has been brewing since 2009 surrounding a beach. The complainant in this case is August “Gus” Tabony, the owner of a prime land just a few yards away from the portion of beach in question. Tabony’s problem is that a private developer is using the beach for private use and he will not stand for it. He sought an injunction against the developer back in 2009 and attempted to seek another one today.  Tabony, explained why he is seeking an injunction on Reef Village Estate Limited and other parties…

AUGUST ‘GUS’ TABONY

“We feel that this is a private use of the public right away and that it is damaging the seawall and they’ve destroyed our pier and the defendants just claimed that they have the unlimited use of the seafront in front of our property which we are claiming because of repairing and rights to the seafront, that is why we buy seafront property is to have the use and the access to the sea that it is a violation of my rights to that part of the property. There are some issues here, as to what is a private use as to a public use because yes, the public has the use of the right away. There is no Queensland in San Pedro which is owned by the government but there is a right of way, it’s just an illegal issue.”

LOCAL REPORTER

“What we would call the beach reserve, the 60 feet?”

AUGUST ‘GUS’ TABONY

“Well it can be up to 60 feet, but in our case its about 30 feet. Its just as if you have a hotel and you’ve made a beautiful beach and your guest is out there on the beach can you stop a barge from coming and unloading in front of your hotel, we are a tourist oriented economy now and so we need to determine these issues because it can affect the development of the beach and the hotels and if a party purchasing a beach front party must be able to feel that he will not be encumbered with another business being conducted on his beachfront.”

However the injunction was not granted and the case will go to full trial. Attorney for, Reef Village Estate Limited, Belize City Mayor Darrell Bradley says that Tabony had enough time to bring the case to the courts.

Mayor Darrell Bradley

“We pointed several things out to the court including and I think fundamentally the fact that this is a case which was originally commenced in 2009 and they had left the case to lie fallow for a serious period of time. They revised it in 2013, we had injunction applications at that time, we had several other proceedings occur at that time and they left it dormant again for a while and now we are in the latter part of 2014 and they have come to court to move the court on an urgent application for an injunction and we were saying ‘well what is the urgency’ you came to court in 2009 and you are not really pressing your rights. There are several other issues that we had tried to persuade the court on including that this was a matter really for monetary damages, its not appropriate for an injunction. We also said that the case is without merit and there is no real serious issue to be tried and at the end of the day the injunction was denied together with cost to my client. This has a lot to do in terms of wider considerations in terms of public policies, use and enjoyment of land in this area of San Pedro. Of course, you may know there is a lot of development going on in that area so there is a lot of conflict in term of private development and I think there has to be a rational approach in balancing how people use and enjoy their land. You must have access to your land so there is easement requirements, several of these facilities are used for docking but we do recognize that people who own land should not be interfere in terms of their rights. So it’s really an interesting case and I think that when it is resolved it would make good law for a jurisdiction.”

The trial begins on January 19.

LOVEFM


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#497349 - 10/28/14 12:18 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Mike Campbell Offline
I thought being Mayor of Belize City was a full time job? Everyone must realize that property rights are controlled by political interests, hence Bradley representing Pierce even though he has full time job as an elected official. They all gotta go if they can not learn to respect property rights of others. When you are able to build a monstrosity like Reef Village in complete disregard for the master plan , of course, you feel like you can do anything you want, ala McAfee. The San Pedro politicians are completely responsible for this.

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#497370 - 10/29/14 03:30 AM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Mike Campbell]
SnowWhite5080 Offline
Do you know if he is involved with the reason the road near the theatre is being reloaded? I can't seem to get any responses back from the City Council.
_________________________
A strong man can handle a strong woman.
A weak man will say she has an attitude.

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#497387 - 10/29/14 01:04 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: SnowWhite5080]
Mike Campbell Offline
When they threw out the Master Plan they also threw out logic and responsibility. Good luck with the Town Board, getting elected does not make you any smarter than you were before. Most decisions are made in private and enforced on the public with minimum to zero feed back. The Town Council Act requires them to give a complete financial report every 90 days, but hey, who cares about stuff like that. Mayor et al are supposed to give disclosure of assets and income every year to make sure they are not enriching themselves from the public purse or their private information but Jr. doesn't so why should they? Monkey see monkey do or is it the blind leading the blind? It would also be good to see the tender documents on the road work, LOL.

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#497388 - 10/29/14 01:15 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Inplub Offline
Who is the most foolish, the fool or the fool that followers a FOOL?

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#497395 - 10/29/14 02:44 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Amanda Syme Offline
I went about 9 miles north of San Pedro yesterday to visit a condo development and watched a neighbour from the south driving along the beach on an ATV. In high season the beach will have babies playing by the sea shore and tourist sunbathing and relaxing. Closer to town I watched a pickup truck racing along the coast line. The traffic on the beach on Ambergris Caye is definitely a hot-button topic and surely it is time for it to be be resolved. Easements, access roads and public roadways are not all the same type of land. We have just never thoroughly tested the laws in these areas in the past.

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#497401 - 10/29/14 04:28 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Diane Campbell Offline
Where the road is a reality, there is no need to travel on the beach on a motorized vehicle. Unfortunately some folks still like to fly down the beach on motorcycles. In the past I've asked them not to (in an area where there is a good road), but to no avail. We'll definitely need proper and official enforcement if this is to be curtailed. I hope the motor-bike rental folks in San Pedro are informing their customers not to go on beaches ......?
As for the Reef Village barging - I find it ironic that RV's adverts showed a lagoon deep enough to have a pleasure-craft docking --- one would think that such a waterway could accommodate delivery of materials?

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#497420 - 10/30/14 04:42 AM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
ScubaLdy Offline
Maybe we could get the traffic department to focus on enforcing one law at a time; starting with bicycles obeying the laws. Last week I almost collided with a bike that sped at me coming the wrong way down middle street. The bikes that come up along the right side of me as I am preparing to make a right turn scare the #$%! out of me.

Today at the stop sign as you face Tropic air not a single vehicle stopped at the stop sign - oh yeah - that's right - it was raining!

Any way guys - pick one thing - announce it and follow through - even if it is a friend, neighbor or your Momma! Maybe start out with warnings - which are recorded - so if stopped again it would be on the record.

How about a contest with a prize to the traffic officer who gives out the most warnings or tickets? I would contribute to that.

There is so much that can be done before we take drastic measures. Start with little steps.
_________________________
Harriette
Take only pictures leave only bubbles

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#497431 - 10/30/14 11:40 AM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Inplub Offline
Come on Harriete most people don't stop at stop signs even when it is not raining. Stop signs are for the tourist and me. LOL.

I now stop at every stop sign look both ways and pull away slowly and it bugs the sh#t out of other people. HA HA HA.

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#497433 - 10/30/14 12:33 PM Re: Seafront Dispute Could Set Public Policy Precedent [Re: Marty]
Diane Campbell Offline
The stop sign by the 5 A Side court is so high up in the air that if you can see it you are not looking at the road. Unfortunate placement.

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