SIMPSON BAY:--- Last week, the Court of First Instance delivered a verdict in the case of Elvis Miguel Patrick v. the country of Sint Maarten, rejecting Patrick's and his business partner, Julian Rollocks Jr.’s, claims and ruling in favor of the government.
Elvis Miguel Patrick, a business operator in Simpson Bay, and his partner Julian Rollocks Jr. were embroiled in a dispute with the Ministry of VROMI (Public Housing, Spatial Planning, Environment, and Infrastructure) over a building permit violation. According to the Ministry, Patrick was operating without a valid building permit, leading to the issuance of a stop-work order and a removal order for the structure in question.
When the multiple orders were ignored, the Ministry of VROMI proceeded to demolish the building in question, leading to the initiation of the court case by Patrick. He argued that the Ministry had not provided him with the advance warning referred to in Article 64 of the Building and Housing Ordinance. However, the Court found that a warning had indeed been issued and was properly documented in a site report submitted to the court.
Patrick and Rollocks also claimed that the Ministry of VROMI's actions had effectively rendered his business operation impossible. The Court also ruled against this claim, maintaining that the actions taken by the Ministry were appropriate given the circumstances.
The Court of First Instance has ordered Patrick to pay the cost of the legal proceedings, estimated at Fls 4500.00.
On July 21st, 2023, the office of the ombudsman sent a notification of termination of the investigation regarding the complaint filed by Mr. Elvis Patrick represented by Mr. Julian Rollocks Jr. against the Ministry of Tourism, Economic Affairs Transport and Telecommunications (TEZVT) and the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI).
This case sets a firm precedent for the enforcement of building regulations in Sint Maarten, underscoring the government's commitment to upholding the law and maintaining the integrity of land use in the country.
