Emarude Plage redo in court

andynap

Senior Insider
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Wow thanks Andy. Thanks for posting...that’s why I didn’t see any more excavation on the web cam. Thought it was blurred out by the sand storm.
 
EMERAUDE PLAGE: THE TRIBUNAL REJECTS THE ARGUMENTS OF SAINT-BARTH ESSENTIEL & by V.A A 01/07/2020 The court found all the arguments of Saint-Barth Essentiel to be unfounded to suspend the work on the future Emeraude Plage. Saint-Barth Essentiel's application for interim measures was dismissed by the administrative court on Tuesday, June 23. The association had listed many arguments which it believed should invalidate the deliberation granting the building permit to Emerald Beach. Some focused on the works and their impact, others on the consequences of this hotel once it is completed. Saint-Barth Essentiel hoped to obtain the suspension of work, the time for the petitioner to provide the guarantees deemed missing. It was based in part on the detailed unfavorable opinion delivered by the Economic, Social, Cultural and Environmental Council (CESCE) of Saint-Barthélemy. Opinion which, according to the Community and the petitioner, "rests on false foundations", and which in any case is only advisory. Therefore, there is no breach of legality. “All legal obligations have been respected and any damage to the environment anticipated by the technical solutions adopted, both during the works and during the future operation of the hotel complex, which only replaces an existing complex of comparable size. "The judge in chambers is final:" The complete, precise and detailed impact study of 120 pages sets out all the technical and environmental considerations provided for by the texts. The association, for its part, opposes general considerations of principle or unsupported or informed opinions of serious technical studies. Consequently, the legality of the building permit is not called into question and the request of the association Saint-Barth Essentiel is rejected. The latter will have to pay, as legal costs, 1,500 euros to the Community and 1,500 euros to the company St Jean Beach Real Estate Invest, which is carrying the project for the future Emerald. The judge's order "is in no way justified and does not carry out any rigorous examination of the grievances raised against the building permit", comments the association, which is examining the possibility of appealing to the Supreme Court. "| So it is so that certain pleas have not even been examined, such as that relating to the absence of a public inquiry". Saint-Barth Essentiel points out “that the action for interim measures - which only aims at the suspension of the contested decision - accompanies an action on the merits which, itself, tends to the annulment of the decision. This action on the merits is judged in a much longer period and continues despite the decision of the President. "
 
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