THE attorneys involved in the ongoing controversial Hyatt case are expected to return to court today to continue their arguments.
The hearing is expected to resume at 11 a.m., before Madam Justice Sonia Richards at the No. 9 Supreme Court.
Last Thursday, the legal fight intensified when Senior Counsel Hal Gollop argued that social and political activist attorney-at-law David Comissiong has no right to challenge his client, Prime Minister Freundel Stuart’s decision to grant permission to developer Mark Maloney to construct the US$100 million Hyatt Centric Resort, on Bay Street.
Queen’s Counsel Barry Gale, who is representing Maloney’s Vision Development Inc. company, also started his presentation, which is in keeping with Gollop’s stance. Gale is expected to finish up his argument today.
Then, Comissiong will receive his turn to voice his concerns about the project, which has received much public attention, even before it was publicly announced that it was coming.
Comissiong requested the judicial review of the permission granted by Stuart, in his capacity as the Minister who holds responsibility for Town and Country Planning, to give Maloney the green light to start building the hotel.
Comissiong will attempt to convince Justice Richards that he does in fact have the right to challenge Stuart’s permission.
From the time he secured an injunction to immediately suspend the permission granted by Stuart, the political activist argued that the Prime Minister failed to conduct an environmental impact assessment on the project.
He stated on numerous occasions that Stuart had relied on an outdated Physical Development Plan, pointing out that Section 11 (1) of the Town and Country Planning Act stipulates that the plan, which is now 14 years old, must be updated every five years. (AH)