Nygard Cay, New Providence Island

Judicial Review 1  - 2013

Save The Bays took court action against the government of The Bahamas in relation to their failure to act following illegal sea and land building works at Nygard Cay. STB brought this action as part of its mission to protect the land, water and ecosystems of The Bahamas, and to prevent unregulated development.There were concerns that the dredging taking place at Nygard Cay was unlawful, so STB also called for a halt to the dredging to maintain and protect the natural coastline.

 

The government settled the claim, conceding that it had not taken proper action to enforce Bahamian law. The developer is currently appealing. In the meantime, an injunction is in place which prevents any dredging or construction at Nygard Cay.

 

In October 2014, a supplemental action had to be launched to overturn an improper dredging permit granted to the developer by the government, even though an injunction was in place. STB was again successful.

 

During the course of this matter the developer, Peter Nygard, was found in contempt of court three times for violating the court's injunction not to dredge or carry out any construction work. He was fined in connection with one count and ordered to reverse the work; sentencing is pending on the other two counts, as Mr. Nygard has failed to appear for hearings, prompting the judge to issue a warrant for his arrest. Nygard has remained out of the jurisdiction since.

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The Bahamas.

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