A property developer on San Pedro was in court today arguing an interesting case. He claims that his neighbor is abusing his sea frontage - and bringing down the value of his property. Gus Tabony was asking the Supreme Court for an injunction to block his neighbor Jeff Pierce from Reef village from unloading barges in front of his property. We heard from Tabony and from Pierce's attorney, Darrell Bradley on a case which may set out an interesting public policy precedent:..
Gus Tabony
"What we are trying to do is unjoin is the unloading of materials from barges from front of our beach front property. We feel that this is a private use of the public right of way and its damaging the sea wall. They've destroyed our pier and the defendants just claim that they have the unlimited use of the sea front in front of our property in which we are claiming because of our rights to the sea front, that's why we buy sea front property is to have the use and the access to the sea, that it's a violation of our rights to that part of the property."
Darrell Bradley, Attorney
"We are saying what is the urgency? You came to court in 2009 and you are not really pressing your rights."
Jules Vasquez
"If a barge were to park at BTL Park in front of it, thus interrupting the view and enjoyment of that view and then start to unload which there must be some public domain there, some beach reserve, you wouldn't like that."
Darrell Bradley, Attorney
"I fully agree with everything that you have said and 100%. The only difference with that scenario that you had given and the current scenario is that if somebody were to lodge a barge in front of BTL Park, you would rest assure that your municipality would go to court the same day to object to that. What the claimants have done in this case is they have allowed a practice to continue for 5 years and if you want an injunction, the fundamental rule is that you must go to court as soon as possible. There is a fundamental principle that delayed and defeats an in juncture."
Jules Vasquez
"They took out an injunction in 2009?"
Darrell Bradley, Attorney
"They took out an injunction in 2009 and they allowed the case to fester until 2013."
Gus Tabony
"We are a tourist oriented economy now and so we need to determine these issues."
Darrell Bradley, Attorney
"I think that there has to be a rational approach in balancing how people use and enjoyed their land. You must have access to your land, so there is easement requirements. Several of these facilities are used for docking, but we do recognize that people who own land should not be interfered in terms on their riparian rights, so it's really an interesting case and I think that when it is resolved, it would make good law for jurisdiction."
In the end, the court dismissed the application for an injunction and awarded costs to Jeff Pierce. The court has set a hearing for a full trial on the 19th and 20th of January, 2015.
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