The Anguilla High Court is to deliver judgment in the coming weeks in relation to the legal position surrounding the construction of the Dolphinarian at Sandy Point Beach, Blowing Point, by Dolphin Discovery. The trial, before Madam Justice Tana’Ania Small-Davis, took place during the week July 27- 30.

Section of the Dolphin facility at Blowing Point

The case was brought by a number of residents in the area. They contended that the land adjoining the dolphinarian was acquired by Government for a public park and sports centre; that the location was unsuitable for the dolphin project due to its proximity to the ferryboat port where the noise would affect the dolphins; that the project’s exposure to ground sea conditions in the area was also an unsuitable factor for the dolphins; and that the project would be an obstruction to free access to and enjoyment of the beach by the public.

The claimants were represented by James Ryan, a UK lawyer with specialist expertise in planning and Tameka Davis of Webster Dyrud Mitchell. Those who represented the Government were Mark Brantley of Daniel Brantley & Associates and Ivor Greene, Crown Counsel in the Attorney General’s Chambers. Dane Hamilton from Antigua and JAG Gumbs & Co. appeared for Dolphin Discovery.
The case was brought by the claimants and their lawyers who were of the view that Dolphin Discovery was not issued with proper approved licences by Government and that the provisions of the Beach Control Act and the Piers, Harbours and Ports Act were not adhered to. Consequently they contended that it would be unlawful to allow the developers to proceed with the construction of the project.

The case first came before former High Court Judge, Madam Justice George-Creque. She found that no proper permission was granted and that despite this the Government had permitted the project to proceed. She ordered the stoppage of further construction work.

An application for a judicial review was granted in May 2008. The judgment by Madam Justice Small-Davis is now being awaited.

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