There is not yet a judgement in the matter involving the Grenadian by Rex Resort and the Government of Grenada because the matter is yet to go to trial, but there is a temporary order barring Government from continuing its action to acquire the property in accordance with the Land Acquisition legislation.
“This temporary order with remain in effect until the Court says otherwise,” said Dickon Mitchell, attorney for MRI Management, which is the management company for the Rex property brand. The order means that the Hotel can function as normal and Government has to wait until the Court makes a decision.
In the 5 February 2016 issue of the Government Gazette, a notice was published that Grenada Hotel Ltd, the company with which Government has a 99-year lease to build and operate a hotel on 30 acres of land where the Grenadian by Rex is located, is intended to be acquired by Government.
MRI Management, through a Washington DC based Crisis Communications company called FTI Consulting, issued a statement saying that its intention is to challenge the matter in the Court. “We intend to fight this deeply misguided action using all remedies and recourse available,” said the statement.
The matter was subsequently filed through the law firm of Grant, Joseph and Co., for an injunction to prevent Government from acquiring the property, and at the same time an application for judicial review of the matter so that the Court can determine a resolution to the matter.
Arguments for the injunction were heard in Chambers before Judge Gerhard Wallbank last Friday. The State was represented by Solicitor-General Dwight Horsford. A decision was reserved for Wednesday, 16 March. The lawyers confirmed on Thursday that the temporary order was in effect.
The Judge has sealed the files in that matter, which makes it impossible for the public to know what was presented from both sides before the Judge granted the temporary order. The sealing of files is similar to a gag order, and publishing what was was presented can be seen as contempt of Court. However, the judicial review hearing which begins on 24 May will be heard in Open Court.