Homeowners arriving on Wednesday (left), the open trench on their property (centre), and the trapped car (right).
CUPECOY--NLGY Ltd., developer of the planned West Vue 21-story condo hotel in Cupecoy, has ignored a January 24 court order requiring it to construct a vehicular access road to the neighbouring property at Jordan Road 12 by the start of October.
The Court had established that the homeowners possess a legal right of way to their properties through the terrain, which formerly served as the parking lot of the Hurricane Irma-destroyed Summit Hotel.
Several American owners of the Jordan Road 12 condos returned to St. Maarten on Wednesday to spend the winter months in their apartments, only to find their pathway demolished and one of their cars completely trapped.
Without the homeowners’ consent, construction workers from Taliesin Construction, hired by NLGY, demolished part of the cemented pathway on the homeowners’ property. They dug a trench for the installation of electrical cables.
Workers later placed a sheet of wood over the open trench to allow limited pedestrian access. However, debris and the excavation have made it impossible for one resident to remove their car parked next to the building.
The incident mirrors an earlier dispute between the same homeowners and NLGY Ltd. Earlier this year, residents successfully took the developer to court over temporary construction that had left their vehicles trapped.
During the January 24, 2025, hearing, the Court ordered NLGY to remove part of a roof structure, allowing the homeowners to retrieve their vehicles, and reaffirmed their right of way through the property now owned by the developer.
A Proces-Verbaal (PV) filed under case number SXM202401458/KG 131/2024 documented a mutual agreement reached before the hearing concluded. Attorney Vivian Choennie of Fox & Associates represented the plaintiffs, while Richard Gibson Jr. of Gibson & Associates appeared for NLGY. The Court noted that a full trial would take too long to resolve the urgent issue of residents being unable to access their vehicles due to excavation and blocked pathways.
“The sole vehicular access to our property has always been through the Summit parking lot,” the homeowners told The Daily Herald. “These parking spaces have existed since our building’s construction in 1976. Upon our return in October 2024, we discovered that our cars were trapped, with no alternative exit provided.”
NLGY argued unsuccessfully in court that its only legal obligation was to ensure pedestrian access. Residents, however, described the temporary walkway as unsafe and difficult to navigate, especially after rainfall. “Most residents are senior citizens, and one young mother struggles to pass through with her child and stroller,” they said.
According to the PV, the temporary pedestrian path would remain in use until October 2025. By the start of this month, NLGY was required to have built a new vehicular access road. The agreement also stipulates that both parties must find a joint solution for servicing the homeowners’ septic tanks, which is currently impossible under the present conditions.
