Philipsburg, Sint Maarten – The Court of First Instance of Sint Maarten has vindicated the Ministry of Housing, Spatial Planning, Environment and Infrastructure (VROMI) in summary proceedings brought by residents of Jordan Road #12 in Cupecoy, dismissing all claims against the Minister and the Country of Sint Maarten. The judgment confirms that VROMI acted properly in issuing permits for the West Vue construction project and that the access road dispute is a private contractual matter.
In a decisive ruling, the Judge rejected the plaintiffs’ attempts to use civil proceedings to challenge administrative decisions already subject to proper legal review. The court declared plaintiffs inadmissible in their claims related to alleged safety risks from civil works permits, affirming that administrative law procedures—not civil courts—are the appropriate venue for such challenges.
The court’s judgment validates VROMI’s position on multiple fronts:
- Permits Properly Issued: The court confirmed that the building permit and three civil works permits issued by VROMI were granted following proper procedures, including technical inspections, expert opinions, and opportunities for public input
- Administrative Process Respected: The court ruled that the civil route was inappropriate given that administrative law options remain available and are being utilized by the plaintiffs
- No Ministerial Liability: All claims against the Minister for imposing a construction freeze or revoking permits were rejected
- Clear Jurisdictional Boundaries: The court emphasized the importance of maintaining proper separation between administrative and civil court functions
The court ruled unequivocally that the access road issue stems from a January 2025 settlement agreement between the plaintiffs and NLGY Development—a purely private law matter in which VROMI has no obligations or powers. The Minister cannot impose a construction stop to enforce private contractual disputes between neighboring property owners.
As the court stated: “Even if the claimants’ argument is correct that the emergency services cannot reach their homes, the Minister cannot take action against this with a construction stop.”
While the plaintiffs submitted an expert report claiming inadequate geotechnical investigation, the proceedings revealed that NLGY had in fact conducted an extensive geotechnical engineering study by Schnabel Engineering in August 2023—prior to VROMI’s issuance of civil works permits. The court found the plaintiff’s expert had worked with incomplete information and that VROMI’s technical review process was sound.
“This judgment confirms what we have maintained throughout: VROMI followed all proper procedures in reviewing and issuing permits for the West Vue project,” stated the Minister. “Our technical staff conducted thorough reviews, and provided appropriate opportunities for public participation. The court has correctly recognized that private disputes between neighbors cannot be resolved through misuse of administrative enforcement powers.”
Source: Government of Sint Maarten https://www.sintmaartengov.org/news/Pages/VROMI-WINS-SECOND-CASE-IN-BEACON-HILL-COURT-FINDS-VROMI-NOY-LIABLE.aspx
