~ I will fight to protect the people’s patrimony.~
PHILIPSBURG:--- Minister of VROMI Egbert Jurendy Doran announced at the weekly press briefings that the government of St. Maarten has officially denied the Alegria Real Estate their request for water rights. Doran said that he has a duty as an elected member of the government to protect the people’s patrimony. He said his decision was also based on comments made by the Nature Foundation and several advises both internal and external compounded with the fact that visitors to the island use the area to watch aircrafts landing and taking off. Doran said the government has a duty to protect all beaches and as such he is obligated to protect the Maho Beach. The made clear that he cannot stand alongside his colleague's Ministers that are fighting to protect the country’s autonomy while giving away the people's patrimony.
Doran said that on October 6th the matter of Alegria was dealt with for the first time. The Minister of Housing and Spatial planning further explained that the decision of the courts will not prohibit him from executing his duties.
Doran said the government is of the opinion that the Alegria Real Estate approached the wrong court when they filed an injunction to force government to make a decision on their request. He further explained that the government is of the opinion that the matter had to be handled in the Administrative Courts since it have to do administrative procedures.
The Minister further stated that the Secretary-General of the Ministry of VROMI and the attorneys representing government had no rights agree to any settlement based on a draft decision.
It should be noted that the Minister has since suspended the Secretary-General due to the Alegria saga.
On Tuesday, October 6th, 2020, the Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI), the Honorable Egbert J. Doran, denied the request of Alegria Real Estate N.V. (hereafter: Alegria) for rights to a water parcel.
Minister Doran stated that as basis for Alegria’s request for rights to a water parcel, Alegria desired to develop their project by expanding on the parcels of land previously allotted with said additional water parcel.
While the Minister can understand Alegria’s wish to have the requested water parcel granted to them, he made the decision that was best for Country Sint Maarten based on advices from the experts at the Ministry of VROMI as well as external advice and comments, including those made by Nature Foundation.
The Minister stated that his decision on the request of Alegria is an administrative one. Country Sint Maarten has stated in the previous injunction case filed by Alegria that it is of the opinion that Alegria presented an administrative matter to the wrong court by filing a civil injunction case.
This matter is still in appeal as well as a request pending to suspend the working of the injunction case of September 4th, 2020.
The decision given by the injunction judge is a temporary one based on Alegria’s position that Country Sint Maarten agreed with a draft decision to grant them the requested rights to a water parcel. From the judge’s decision, it is clear that neither the Secretary-General of the Ministry of VROMI nor the previous attorney representing the Government was authorized to entertain or agree to any settlement agreement on the said draft decision.
Minister Doran informed that the decision of the injunction judge in the civil matter does not deter from his administrative right to make a decision on a pending request as was filed by Algeria for said rights to a water parcel.
The reasons behind the decision to deny the request have been communicated in the meantime to Alegria.
Residents and tourists enjoy watching planes land at Maho Beach. It is one of our main attractions. It is therefore important to safeguard Maho Beach and all other beaches for that matter.
The Minister stated that if it is indicated that there might be potential damage to our beaches or our environment, he will go all out to avoid it. He expressed that being a representative of the people of Sint Maarten and the Minister of VROMI, it is his duty to weigh everything out before making a decision.
This request would have been issued for 60 years. The Minister stated that he cannot afford to allow this potential wrong to happen because it would be something that he definitely will not be able to correct in his lifetime. By then the damage would already be done.
However, the Minister will continue to fight in the best interest of the people of Sint Maarten, as he was elected and eventually appointed to this position to do so.
“I will not be fighting alongside my colleagues to protect our autonomy with one hand and give away our patrimony with the other, said the Minister.
