An injunction won by Barnes Bay Development Ltd over Caribbean Properties Ltd. has brought about the temporary closure of Dolphin Discovery at Meads Bay, a facility which has been attracting many day trippers from St. Maarten.

The injunction hearing was presided over by Justice Janice George-Creque. The court order has resulted in the employees having to relinquish their jobs and only the trainers and other persons responsible for the care of the dolphins allowed on the premises.

The Dolphin Discovery area was purchased by Barnes Bay Development Ltd as part of the land on which the Viceroy property is being constructed. The Lease Agreement between the two companies under which the dolphin facility operated, expired on August 31, 2007 by which time another location for the dolphins was to have been found.

The Dolphin Discovery operators contended in court that they endeavoured diligently to acquire an alternative location for their business but had encountered delays in the process. At one time they sought to operate at Sandy Ground but this was eventually denied by Government.

The Judge noted the misfortune of the Dolphin Discovery operators to move elsewhere within the given time. She pointed out, however, that the Court “cannot rewrite or make a different bargain made by the parties even in light of such unfortunate circumstances, which are more or less outside of the control of the defendant in honouring the time line fixed in the Lease Agreement.”

The Judge held that the Claimant, Barnes Bay Development Ltd, was entitled to eject the dolphin operators or sue for possession.

The temporary closure of the dolphin business has led a number of persons employed there as well as the local tour and bus and ferryboat operators, to meet with Chief Minister, Osbourne Fleming about the situation. Mr. Fleming has however advised them that he was unable to intervene in the matter on which the Court had already made its order.

Meanwhile, a western coastal area at Blowing Point is being considered as a possible new location for Dolphin Discovery and an Environmental Impact Assessment has been undertaken in that regard.

| Printer-friendly page | Send this article to a friend |

World News