Another Neighbor Files Lawsuit Against Grande Bay Developer for Damages

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Grande Bay Resort, right, is allegedly encroaching on the neighboring property, left.
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The derelict styrofoam shell of one stalled development overlooking Cruz Bay, on the left in both pictures above, was encroached upon and damaged by the developers of neighboring Grande Bay condominiums, according to a recently filed legal action.

Staying out of the courtroom is getting more difficult for the developers of the controversial Grande Bay Resort condominiums in Cruz Bay who are now defendants in a third lawsuit.

Blossom Corporation, owned by Fran Attard and Roger Harland of Tropical Properties, filed a suit in V.I. Superior Court against Bay Isles Associates, and Breckinridge Custom Homes — the companies developing Grande Bay — on Monday, June 25.

The suit, an action for punitive damages and declaratory and injunctive relief, cites Grande Bay for encroachment, trespass, nuisance, withdrawing lateral support, slander of title and interference with prospective contractual relations.

The half-built structure of yellowed styrofoam forms on the overgrown property adjacent to the Grande Bay buildings has sat unfinished for years.

The lawsuit alleges Grande Bay construction encroached on Blossom Corporation’s land and undermined its building’s foundation.

“Defendants’ encroachments, trespasses and violations have been done intentionally, willfully and deliberately and without the consent of plaintiff, and, unless remedied, will continue to affect and interfere with plaintiff’s exclusive rights of ownership of the plaintiff’s property and decrease the value of plaintiff’s property,” the suit alleges.

Neither Harland nor his legal representative Kyle Waldner of Smock and Moorehead returned telephone calls requesting comment.

The suit is at least the third filed against Bay Isle in recent months. In November 2006, adjacent property owners filed a suit alleging zoning violations.

In mid-June, 24 owners of unfinished condominiums at Grande Bay filed a suit against Bay Isle Associates over changes in ownership documents.

On June 20, Judge Brenda Hollar granted the condominium owners a temporary restraining order against the Bay Isle to prevent the filing of the new documents at the Recorder of Deeds office.