There will be a hearing on Monday, March 13, in the lawsuit filed against developers Bay Isle Associates by four owners of one St. John property adjacent to the towering Grande Bay Resort luxury condominium development overlooking Cruz Bay.
The hearing, which was originally scheduled for February 6, was postponed when the plaintiffs attorney, Lorren Caffee, discovered he had not received a copy of a response filed by Bay Isles attorney, Simone Francis, and therefore could not respond to her most recent arguments.
Judge Rhys Hodge, who is presiding over the case, had received a copy of the companys response and said at the February 6 hearing he was almost ready to issue an opinion.
Hodge rejected Caffees suggestion that an inspection of the Grande Bay Resort site be done by the court.
This is a factual dispute, said Judge Hodge.
Since the first hearing, the plaintiffs have responded to Bay Isles latest arguments with a sur-reply, according to plaintiff Liza Trey.
Motion To Dismiss
Bay Isles response to the initial complaint was a motion to dismiss.
Its obvious I hope the court doesnt grant Bay Isles motion to dismiss, said Trey. I have heard many say that this case will be dismissed, since I didnt follow the correct administrative procedures, but after extensive research and reviewing of the V.I. Code, my attorneys Hank Smock and Lorren Caffee are convinced that there are no procedures in place for someone in my situation.
If theres no review of the actions of the DPNR (Depart-ment of Planning and Natural Resources), it would turn our entire legal system on its head, even if the DPNR had a flawless record, Trey continued. Now, everything is in the courts hands, and I have to honor the decision made by the judge.
Trey, along with Alexander Jadan, Natalie Jadan and Anastasia Trey, filed the complaint in early November, alleging privacy nuisance due to code violations, including height, density and lack of lateral support.