Dear Mr. Emmanuel,
On behalf of Leonel Gaston Halley, d/b/a Lee’s Roadside Grill and Bar (hereafter: ‘Halley’), client, I hereby request your attention for the following.
In my letter addressed to the then Minister of Public Housing, Spatial Planning, Environment and Infrastructure, of April 18th 2016, a copy of which has been attached, I argued on behalf of Halley, that Halley shall suffer damages of a good US$ 5.352.768 if he is condemned to evacuate his business prior to March 31st 2017. I have not received a single reaction to this letter.
In this letter, I have also shown that Water’s Edge Development Corporation NV (hereafter: ‘WED’) has acted for more than thirty years in conflict with the long lease conditions and that the Minister, on the basis of this default can declare the long lease right defunct.
On the basis of art. 5:87 C.C., a long lease right may also be terminated if the long leaseholder has seriously defaulted in the compliance with his obligations.
As I already indicated in my letter to the Minister, WED has never built anything on the parcel and Country St. Maarten is not required to pay any compensation whatsoever to WED, upon giving notice, or as the case may be termination of the long lease right.
On behalf of Halley, I request or if necessary, I summon you, or as the case may be Country St. Maarten, based on the National Ordinance on the issuance of lands in long lease, belonging to St. Maarten (see also National Ordinance on the issuance of lands belonging to the Island territory the Windward Islands), to declare defunct, the parcel with certificate of admeasurement 223/1978, given in long lease to WED or based on art. 5:87 paragraph 2 C.C., to terminate the parcel given to WED in long lease, within 30 days after this date and to issue the middle part of the parcel, used by Halley, in long lease to Halley.
In the event that you, or as the case may be, Country St. Maarten neglects to comply with this summons, on behalf of Halley, I shall take you or as the case may be, Country St. Maarten to court and request that you, or as the case may be, Country St. Maarten, be condemned, or as the case may be ordered to withdraw, or as the case may be terminate the long lease to WED.
A Huizing, L.L.M.
