Philipsburg:--- Judge Thierry has to decide if Lee's Roadside Grill and Deep Sea Fishing that has been operating in Simpson Bay for decades will remain at the location or if Water's Edge Development will prevail over the local businessman who worked endlessly with his employees to develop what is known as one of the island's franchises.
The director of Water's Edge Development (Jerry Speetjens) filed an injunction which was heard on Friday afternoon to force the Minister of VROMI and Deputy Prime Minister William Marlin to sign off on the deed for 2000 square meters of water rights in the Simpson Bay Lagoon that was granted to them on May 18th, 2012 by the former Minister of VROMI Theodore Heyliger. The UP leader and former Minister signed off on the long lease for Water's Edge Development three days before leaving office when the UP/DP government lost their majority.
In the Court of First Instance on Friday afternoon was the owner of Lee's Roadside Grill and Deep Sea Fishing who was represented by Attorney at Law Snow while Richard Gibson Jr. represented the Government of St. Maarten. Water's Edge Development was represented by Attorney Kortnover.
The attorneys that represented government and Lee Halley told the court that Halley developed his business in Simpson Bay, a business his entire family in Simpson Bay operated during their entire lives. Both Attorney Gibson and Snow told the Court that Halley did everything possible to obtain the long lease from the government of St. Maarten but his request was never granted. However, the attorney for Water Edge tried to convince the court that the only reason the Minister of VROMI refused to sign the deed was because he did not consider Jerry Speetjens to be a local St. Maartener.
Minister of VROMI William Marlin in his address told the court that he has been involved in trying to grant Lee Halley the long lease for the area he has been occupying since 1999. Marlin said at the time he was a commissioner and when he ordered the person in charge to do the necessary paperwork for Lee Halley that person never did it and shortly after there was election and he was no longer in government. Marlin explained the judge that he was of the opinion that the businessman had acquired the water rights back then but ten years later when he took office again (2009) Halley approached him informed him that he never got the long lease for the water rights where he is operating his business. The Minister of VROMI told Judge Thierry that he invited the owner of Water's Edge Development Foundation and the businessman and notary agreed on a gentleman's agreement which is to allow government to grant Lee Halley the long lease for the space he is occupying since Halley developed the area as well as building the dock where his boats are docked every day. Marlin said he agreed to compensate notary Speetjens with one third of water rights on each side and Speetjens even told him he was not interested in more water rights because he could not fill the space. Marlin said again that the agreement also did not materialize because shortly after that it was the 2010 election and he was again out of office because the United People's Party and Democratic Party formed a government. Marlin said when the former Minister of VROMI realized that his government lost its majority he signed off 2000 square meters of water rights to Water Edge while the outgoing Minister also signed off on several other long leases, some of which was for his employees. He said even though the case heard on Friday was not to deal with that he wanted the Court to know that the first deed he signed off shortly after taking office in May was for someone who was working in the Minister's cabinet and one week later after signing that long lease off he realized the land was being occupied by another family since the 1950's. Marlin told the court that when he took office earlier this year Lee Halley approached him again and explained him that the agreement he had with Speetjens did not go through and now Speetjen's son Jerry Speetjens who is the managing director of Water's Edge wants him out of the area since he got the water rights in long lease from government. Marlin said this time he invited Jerry Speetjens to his office and asked him to execute the agreement he had in 2009 with his father or let them agree on something that would allow Lee Halley to maintain his franchise in Simpson Bay where he was born and grew up. Marlin said he offered Jerry Speejens the same one third water rights and even a parcel of land on the ring road when it is completed but the young Speetjens refused to cooperate.
Marlin told judge Thierry that Lee Halley was not treated fairly by his own government and while it might not be legally correct, surely the situation Lee Halley is placed in is not morally correct. Judge Thierry tried to see if Water Edge was willing to grant Lee Halley a decent contract the government attorneys informed the judge they want Mr. Lee Halley owner of Lee's Roadside Grill and Deep Sea Fishing to obtain the long lease for the water rights where he is operating his business. Both the attorneys and Minister Marlin made clear that Water's Edge is not occupying or using the water rights they obtained from government, instead they are leasing it out to hard working people. "The water rights is the cash cow for the Jerry Speetjens because he collects large amounts of monies in rents each month." Marlin maintained that the government of St. Maarten will compensate Water Edge with one third more water rights on the other side as well as with a parcel of land on the ring road. Judge Thierry will render his decision on December 15th, 2012
