A landowner fighting government’s attempts to forcibly acquire his waterfront property in order to preserve a local fish market will have his day in court.
Chris Johnson and his family company Shireoak Ltd have been granted leave to apply for judicial review of government’s compulsory purchase of the George Town property.
That means a Grand Court judge has decided his case has enough merit to proceed and a civil hearing will be held to determine if government can compel him to sell the land. An injunction has been granted to block the acquisition until the judicial review hearing has taken place.
The land at Red Spot Bay is used by cruise tourists and some locals as a place to swim or sunbathe. It is also the location of a fish market, which government is seeking to preserve and which Johnson wants moved off the plot.
Government published notices under the Land Acquisition Act of their intent to force the sale of the site earlier this year.
Johnson has insisted the property is “not for sale at any price” and immediately applied to the court to review the decision.
He is seeking a declaration that the decision was unlawful and should be quashed.
Justice Marlene Carter, in a ruling handed down on 11 April, decided that Johnson’s case had enough merit to proceed to court and ordered a stay of the purchase until the matter is dealt with.
Johnson, who first acquired part of the property in 1973, argues that it has always been used as a popular bathing and picnic spot.
He claims the original fish trading actually took place on the adjacent ironshore that is now developed as a restaurant and any trading that has taken place on his property has been against his wishes. He submitted archival photographs from Compass Media’s TimeBack project along with his submissions to court to support this claim.
Several fisherfolk have told the Compass, however, that they have been using the site for decades.
In an affidavit submitted with his application to the court, Johnson reiterates his long-stated aim to preserve the site in trust for public use, provided no commercial activity takes place there. He has previously submitted plans to the Central Planning Authority to add wheelchair access and other amenities.
Government moved to compulsorily purchase the site earlier this year after negotiations with Johnson broke down.
Former premier McKeeva Bush last year brought a private member’s motion that was supported by the House, calling for the purchase of the land.
“Government has made every effort to be reasonable, all to no avail, and so to protect these fishermen and vendors and what we feel is a local cultural experience, we are asking government to take it over,” he said at the time.
Speaking to the Cayman Compass on Tuesday, Johnson said he believes government’s efforts to force him to sell his property set a “dangerous precedent”. He added that his own plans for the site offered a safer guarantee that it would be preserved for the benefit of the public than a government takeover. Citing the government purchase of the nearby Smatt property on North Church Street, he said nothing had taken place at the site in the five years since it had been taken over.
He added that he would fight to the highest court if necessary to hold onto his own land.
“Once I have overcome those obstacles placed before me, I will go ahead with my plans to refurbish the beach as it was in the ’60s with the addition of sea grape trees for shade, seating and access for the handicapped through a ramp,” Johnson said.
“Once this has been accomplished, I will transfer ownership into a trust in perpetuity for the people of the Cayman Islands.”