(From left to right) Attorney Gerald Simmons–de Jong (De Jong Law Firm), Minister of VROMI Patrice Gumbs, Head of Domain Affairs Marcia Richardson, and Director of Kadaster Benjamin Ortega.
PHILIPSBURG--The Government of St. Maarten has taken its fight to preserve public access to Mullet Bay Beach to the Court of First Instance, opposing claims by Sun Resorts Ltd. N.V. that seek to estab-lish private ownership over parts of the beach and coastal zone.
Minister of Public Housing, Spatial Planning, Environment and Infrastructure VROMI, Patrice Gumbs, appeared in court on behalf of the government in the case, which centres on whether Sun Resorts Ltd. can extend its property rights from adjacent lands to include the beachfront.
Sun Resorts Ltd. has asked the court to declare it the rightful owner of land reaching the coastline, arguing that the government acted unlawfully by issuing permits, granting usage rights, and allowing third parties to operate businesses on the beach. The company is also seeking orders to halt these ac-tivities and is requesting financial penalties if the government fails to comply.
The government has strongly rejected the claims, maintaining that Mullet Bay Beach, like all beaches in St. Maarten, forms part of the public domain. According to its legal position, beaches are presumed to belong to the country unless proven otherwise with clear legal title.
During the proceedings, the government argued that Sun Resorts Ltd. has not presented valid documentation establishing ownership of the beach itself. Officials noted that the deeds and cadastral records cited by the company refer only to land bordering the sea and do not extend to the shoreline.
The government further emphasised that Mullet Bay Beach has historically remained accessible to the public and has been managed accordingly, including through permits issued to local entrepre-neurs providing services to beachgoers. It also maintained that its actions in regulating and managing the beach have been lawful and in the public interest.
Minister Gumbs warned against setting a legal precedent that could jeopardise public access to one of the island’s most popular beaches. He stated that allowing such a claim could open the door for others to assert ownership over coastal areas.
The case is seen as a significant test of the balance between private property rights and public ac-cess to St. Maarten’s beaches, with broader implications for coastal management and heritage pro-tection.
A ruling from the Court of First Instance is expected on June 9, 2026. The Ministry of VROMI has stated it will continue to defend the public nature of the country’s beaches.
