In a bold stand for responsible development, Minister of Public Housing, Spatial
Planning, Environment, and Infrastructure, Patrice Gumbs Jr., supported by DeJong Legal, has
been vindicated by the Court following legal action taken against the government by the
developers of the Cupecoy project ‘West Vue.’
On Wednesday, April 2 nd , the Court rejected the claims made by NLGY, the developers of ‘West
Vue,’ affirming that the Stop Order issued by Minister Gumbs as lawful and justified. The ruling
confirms that while NLGY possesses a building permit, it does not extend to civil works, such as
demolition, tree felling, and excavation, which legally require a separate civil works permit.
Despite the developers’ assertion that their building permit granted full authorization, the Court
found no basis for this argument, emphasizing the distinct legal requirements of both permits.
Since substantial construction activities were carried out without the necessary permit, the Court
ruled that the Stop Order was imposed on valid grounds and in accordance with applicable
regulations. The Court also dismissed NLGY’s claims of governmental misconduct, ruling that
enforcing legal provisions does not constitute an abuse of authority. Additionally, it found no
evidence that comparable cases were treated differently or that any legally justified expectation
had been created suggesting a civil works permit had been or would be granted.
The ruling reinforced the irreversible nature of civil works, underscoring the Minister’s duty to
assess whether such activities pose significant public interest concerns. Public interest, including
environmental and regulatory considerations, was deemed to outweigh the developer’s desire to
proceed with unpermitted work. While acknowledging delays in the Ministry’s intervention, the
Court highlighted that NLGY was fully aware of the legal requirements, as demonstrated by
previous documentation and email correspondence.
Minister Gumbs personally met with the developers on March 7, 2025, offering a clear and
cooperative pathway to ensure the project moved forward legally and efficiently. Going beyond
standard procedures, he provided direct guidance and offered an accelerated review process for
the necessary civil works permit. Gumbs indicated in correspondence that a stop order must and
will be issued as per the law, but that the developers would be granted permission to continue
mobilization efforts during the permit review, a gesture of goodwill to avoid unnecessary delays.
However, developers failed to submit a complete permit application or engage in further
communication, and decided to file an injuction, taking Government to court.
Rather than following this process, as proposed by Gumbs, the developers represented by Barry
and Associates, attempted to hold the government and thus the taxpayers financially hostage,
demanding $128,850 per day in alleged “damages” while the Stop Order remained in effect.
However, the Court has now made it clear that the government acted appropriately and within
the law.
Minister Gumbs reiterated the government’s commitment to sustainable growth, stating, “This
ruling validates our approach to responsible urban development. Our goal has never been to
obstruct development, be it by locals or foreigners, but to ensure that all projects comply with
legal requirements, safeguarding both our environment and public interest.”
Furthermore, the Court has advised NLGY to submit the necessary civil works permit
application and supporting documents promptly, and the Ministry has reaffirmed its commitment
to conducting an expedited review process once a complete application is submitted.
Reflecting on the case, Minister Gumbs wanted to inform the public that “irresponsible
development is not exclusive to foreign developers” and thereofore asked “if the voiced concern
is really about environmentalism and proper development.” Gumbs’ question stemmed from the
criticism of the project and the surprising change of sentiment of much of the population once
they understood it was a local developer. Gumbs further stated that “the objective of this case
remains unclear, given my willingness to work alongside the developers, ensuring that their
project was in line with legal regulations, thereby avoiding future challenges.”
“I would like to remind everyone that cases like this don’t have to go to court. This has been an
ongoing discussion within the Ministry itself, and we have been working on a clearer policy for
civil works permits. While we value the role of the court, what is important to realize is that open
conversation and dialogue can often go much further than litigation, which in such a case we see
only undermines the value of projects and the good relations that must prevail in small island
communities.”
The Ministry remains steadfast in its dedication to ensuring that Sint Maarten’s development is
both progressive and principled, balancing economic growth with responsible and legal urban
planning.