Judge Hodge To Hear Motion To Dismiss Complaint Against Grande Bay Resort

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The water view from the plaintiffs’ cottage, above, will soon be nearly completely blocked by Bay Isle’s towering luxury condominium development.

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.

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Most of the view of Cruz Bay harbor already is blocked by Grande Bay Resort, above.

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 Isle’s 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 company’s response and said at the February 6 hearing he was almost ready to issue an opinion.

No Inspection
Hodge rejected Caffee’s 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 Isle’s latest arguments with a sur-reply, according to plaintiff Liza Trey.

Motion To Dismiss
Bay Isle’s response to the initial complaint was a motion to dismiss.

“It’s obvious I hope the court doesn’t grant Bay Isle’s motion to dismiss,” said Trey. “I have heard many say that this case will be dismissed, since I didn’t 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 there’s 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 court’s 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.