Blue Hill Rd., Market Street businesses going to court

Tue, Jun 29th 2010, 12:00 AM

A portion of the New Providence Road Improvement Project may suffer a major set back, as a group of business owners have applied to the Supreme Court to grant leave for a judicial review to delve into government's decision to forge ahead with road works in the Blue Hill Road and Market Street areas.

Gas station owner Arnold Heastie, businesswoman Leana Ingraham, and Super Value Food Store proprietor Rupert Roberts Jr., made the move on behalf of business and property owners organized under the Coconut Grove Business League.

If leave is granted for the judicial review, an interim injunctive relief barring the Minister of Public Works and Transport Neko Grant from carrying on with construction, reconstruction and extension of portions of the busy thoroughfares will be enforced. The business owners would like for their objections to the road developments to be heard and inquired into and a thorough study carried out on the impact the road works would have on their businesses and on pedestrian safety.

Since the start of the road works in March, the business owners claimed to have lost thousands of dollars in income, which could and may result in layoffs and the closure of their respective stores.

Attorney Maurice O. Glinton filed the documents on behalf of the business owners last week.

The applicants are claiming that their private rights have been, are being, and are likely to be interfered with as a result of the construction and re-construction and extension of portions of Blue Hill Road and Market Street.

They believe, according to the writ filed, that "the implementation of such changes has been, is being, and is likely to be destructive of their businesses' economic existence and way of life as to cause them irreparable financial injury and harm."

According to the writ the applicants are also seeking "an order for an assessment of damages on account of any loss sustained by the applicants by reason of diminution in economic and/or utilitarian value in their businesses and property investment interests and in the peaceful enjoyment of their property rights brought about by the impact of the planning developments.

The businesspersons are also seeking an order for compensatory damages for loss and injury sustained, caused by or resulting from the road works. They are also seeking exemplary damages.

"The applicants contend and reasonably apprehend that should interim injunctive relief not be granted in terms as to conserve intact as much as possible the status quo ante implementation of the minister's policy, they are seeking to protect until after hearing and final determination of the substantive judicial review application, not only is it a real possibility they would suffer irremediable injury, but such statutory or other constitutional protections to which they are entitled would be circumvented and rendered meaningless," notes the writ.

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