Luxury condominium owners at Bay Isle Associates’ Grande Bay Resort could be in for a rude awakening if the plaintiffs in a lawsuit originally filed in November 2005 get their way.
A motion was filed last week to amend the complaint, filed by owners of neighboring property Paradise Found, to include as defendants everyone who has purchased units in the top two stories of Grande Bay’s buildings C and D, which block the cottage’s views of Cruz Bay.
Purchasers of units at the Cruz Bay luxury condominium resort could end up owing damages to the plaintiffs — Alexander Jadan, Natalie Jadan, Anastasia Trey and Liza Trey — or their units could be removed from the development if the plaintiffs succeed in court.
“It’s the same claim we’ve put against Bay Isle,” said the plaintiffs’ attorney, Lorren Caffee. “As purchasers, they take their properties subject to any and all claims they have notice of.”
Although the plaintiffs’ motion for a lis pendens, which would have required Bay Isle to inform potential purchasers of the ongoing litigation, was withdrawn by order of the court earlier this year, purchasers are generally aware of the lawsuit, explained Caffee.
“The court, in fact, made the comment that purchasers have an actual knowledge of the litigation,” he said. “If our claim is found by a jury to be proper, the condo owners certainly have an interest in those units that are a nuisance to the plaintiffs, and by maintaining those units, they are continuing and maintaining the nuisance.”
Should the defendants be ruled against and condo owners forced to pay damages, owners of units in the top two stories of buildings C and D would have claims against Bay Isle, Caffee added.
“We wouldn’t have effective claims against the owners if we didn’t have effective claims against Bay Isle,” said the attorney.
The Trey and Jadan families, whose property is situated just 35 feet behind Grande Bay, allege in their complaint that Bay Isle has committed three zoning violations at the development — height, density and lack of lateral support. The plaintiffs have had a difficult time renting the property, whose views and breezes have been obstructed by Grande Bay.
“The top two stories, which are in violation of zoning code, have taken away the views of the plaintiffs, which was a substantial aspect of the value, enjoyment and worth related to their property,” said Caffee. “We’re claiming when they did this wrongful act, they took the view for themselves.”
Bay Isle has 10 days from the date of filing, which was Monday, November 10, to object to the motion. The V.I. Superior Court has final say regarding whether the complaint can be amended to add the 10 defendants to the complaint. Caffee said he is confident the complaint will be amended.