Court accepts West Landivar case for judicial review
Opponents to the construction of a marina and office complex in Caribbean Shores continue their legal battle to derail the project. Following an in-chamber session before Justice John Muria this morning, counsel for the West Landivar Citizens Action Committee Tania Moody, filled us in on the latest developments.
Tania Moody, Attorney, West Landivar Citizens Action Committee
“Well Justice Muria today granted the order for permission for judicial review against the Forest Department, so that was his order today and so we’ll be proceeding with judicial review proceedings against the Forest Department. Yesterday West Landivar Citizens Action Committee instructed me to file judicial review against the Department of Environment and that application is also for permission for judicial review. I’ll be seeking the court’s permission to join the two cases together to consolidate it and save the court’s time. So essentially we have a suit now with an order granting permission for judicial review against Forestry and the application yesterday will be for permission against Department of Environment.”
Janelle Chanona
“Now, the basis of both these claims is that this project is against the public interest. Correct?”
Tania Moody
“That is the basis for the Forestry Department’s application. The basis for the Department of the Environment is that they have unlawfully issued environmental clearance without complying with the Environmental Impact Assessment Regulations. There was no E.I.A. done, no Environmental Impact Assessment done, but yet Mr. Gegg gets an environmental clearance and that is a requirement under the law. So that is why we are challenging the Department of Environment in giving him environmental clearance.”
Janelle Chanona
“You also have a third case that’s involved in this, what is the status of that case? I know the last time we heard you had an injunction secured. Is that injunction still in place?”
Tania Moody
“Yes that injunction is still in place, it’s until trial of the action and that is against—it’s a civil suit, against Mr. Gegg in respect to the nuisance that he’s going to cause the residents in the area. So we are actually waiting for a trial date and in that time period, respective documents will be filed.”
Janelle Chanona
“Tania, I know you are a resident of West Landivar yourself. If somebody is saying, I’m not really sure what this case is about, is it about business development, is it about politics, is it about personalities, what would you say to them?”
Tania Moody
“It’s a community case; it’s not politics, it’s not business. The community will be affected because of the project. It’s a simple issue and the community has spoken and the community does not want that project there. They have no problems with the idea of the project, it’s just that the scale of the project in that area will affect their lives and that is the stance that they have taken.”
