Why would they? The verdict is based on technicalities as the legal observers would say in US, and it is very difficult to argue with that. So no matter what their personal opinions are about the ruling, they probably would keep those opinions for themselves.
I wish there were more “island greenies”if I have this straight, the original complainants who initiated the previous lawsuit were island greenies, but this most recent group of complainants are neighboring commercial interests.
interesting bedfellows
The french judiciary moves at a glacial pace. I’m not expecting a resolution anytime soon.
This close to what I said - the developers are wasting their time, money and effort. They would be better off just following what the lower court said - develop a new project from scratch and make sure not to use the land that was not leased to them.
I’m not sure that you have an accurate awareness of facts, Leon, when you say “. . . develop a new project from scratch and make sure not to use the land that was not leased to them.”
I am referring to the issue with the project that is treated by the court as the "fraud". My understanding is that the root cause of the said "fraud" is maybe unintentional mistake with the plans or usage description and it cannot be cured in appeals. The Court stated that they will not allow any alterations to the project (it does not make sense to me but it is apparently rooted in the French jurisprudence) as they would consider that the "fraud" inherently remains.So the only solution IMHO is to show to the Court that the Developer has the new project, where technically they can use most of their previous work (so my "from scratch" means in formalities). But they have to be careful to avoid any appearance of that "fraud" in the new project.
Dennis, This is (as I understand the ruling) what court calls "fraud" and as such is not curable in the following project alterations.
According to the developer’s attorney, the judge’s interpretation of the subject ground lease could be applied to « quasiment » every lease on the island.
. . . on that we shall agree
D’accord
we'll have to wait and see. i don't see it that way.
the com expressed disappointment in the decision too, as the principal parties had invested considerable time and resources to tailor the new permit so as to make stakeholders happy.
apparently, some stakeholders can't be made happy. one wonders why that may be.
i'll defer to mr. dennis, as he is 1000% more well-informed than any others of us here.
I have been reluctant to chime in on this topic.......What I don't understand is why folks that spend 2 weeks a year down here are so up in arms over the project. My local folks tell me that something will happen but probably not on the scale as initially proposed. These are the folks that own Le Barthemey which many here enjoy. Over the last 10 years I have done some casual catering for this family on Nantucket but I personally have never met them. I guess my rare post is asking the question of why SBH on-line visitors feel like they have a horse in this race.
