Emeraude Hotel saga continues!

[cec1]

. . . and its realization seems closer.

The Conseil d'État, the highest French judicial authority for cases involving the government, public administration, and public contracts, has ruled that an intermediate Court’s annulation of the permit which authorized construction of the Hotel was invalid. The ruling said that there were mistakes / inexplicable actions by judges in the Bordeaux Court of Appeal.

With respect to an earlier finding of fraud, the Conseil d'État held that evidence had been incorrectly assessed and that there was an error in law in the finding that “Saint-Jean Beach Real Estate Invest“ had engaged in fraudulent conduct to obtain its building permit. The fraud allegation therefore was dismissed. There also was a finding that another error of law occurred with respect to certain findings relating to prior appeals.

The case now has been sent back to the Court in Bordeaux for its further review in light of rulings by the High Court.

 

[cassidain]

So, who pays developer’s enormous damages ?

 

[dadto6]

Fascinating dilemma

 

[cec1]

So, who pays developer’s enormous damages ?

Such a great question! This litigation has been ongoing for how many years? Certainly since shortly after Hurricane Irma — 2017. The mind boggles at the legal fees!!! A very well funded, high quality & successful hospitality group vs. a relatively small environmental preservationist group (is it still part of the political coalition that propelled Helene Berniere to political power?). I would guess that the latter enjoys financial backing of a local, equally well funded group that — for whatever reason — opposes another upscale St. Jean Beach hotel. How much of the fight has been / is environmental vs. competition?

Such issues, I expect, are / will be arguments among parties as the Courts decide — as I understand protocol — as to how fees / costs are assessed among them. As I understand the legal process, that is, French courts assess litigation costs among winners & losers in litigation cases.

The “fat lady hasn’t sung,” as the quote has been attributed to Yogi Berra. As an avid follower of the litigation — with professional & investment interest in its outcome — I’m eager to follow this aspect of what may be the island’s longest running (& expensive) dispute.

 

[cassidain]

How much of the fight has been / is environmental vs. competition?

. . . an alliance of convenience between strange bedfellows perhaps ?

 

[amyb]

Such a great question! This litigation has been ongoing for how many years? Certainly since shortly after Hurricane Irma — 2017. The mind boggles at the legal fees!!! A very well funded, high quality & successful hospitality group vs. a relatively small environmental preservationist group (is it still part of the political coalition that propelled Helene Berniere to political power?). I would guess that the latter enjoys financial backing of a local, equally well funded group that — for whatever reason — opposes another upscale St. Jean Beach hotel. How much of the fight has been / is environmental vs. competition?

Such issues, I expect, are / will be arguments among parties as the Courts decide — as I understand protocol — as to how fees / costs are assessed among them. As I understand the legal process, that is, French courts assess litigation costs among winners & losers in litigation cases.

The “fat lady hasn’t sung,” as the quote has been attributed to Yogi Berra. As an avid follower of the litigation — with professional & investment interest in its outcome — I’m eager to follow this aspect of what may be the island’s longest running (& expensive) dispute.

Anyone besides me see a book developing here?

 

[cec1]

Anyone besides me see a book developing here?

Oh dear! Another one!

 

[MichaelG]

Anyone besides me see a book developing here?

At least a paragraph. . Quoting Treasured Island: “Some feel Dupré's opponents, among them Etoile's neighbors Eden Rock and Nao Beach, were motivated by competition, noise, and overcrowding on Saint-Jean as much as environmentalism, but early in 2025, her new permit was annulled when a court ruled it had been obtained by fraud. Dupré was silent, but a spokesman insisted she would build eventually; a year later, nothing had changed, and the boxed-in lot was still empty.”