THE SUPREME COURT yesterday dismissed an application by Prime Minister Freundel Stuart questioning David Comissiong’s right to challenge Government’s decision to authorise construction of the controversial Hyatt Hotel on Bay Street, St Michael.
As Minister responsible for Town and Country Planning, Stuart, through his attorney Hal Gollop, QC, had argued that since Commissiong was not a neighbouring landowner and had no direct financial interest, he had no right to involve himself in the matter and no right to bring a case calling into question the granting of permission to build the 15-storeyed hotel.
However, High Court judge Dr Sonia Richards ruled that the outspoken social activist and attorney did have the right to challenge the decision.
Public’s interest
“The judge dismissed this application and decided against it. In fact, the findings of the judge were that under the Town and Country Planning Act, I did have the right to bring the case as a person aggrieved by the decision and the way in which the decision was arrived at.
“Secondly, that under the Administrative Justice Act, I also had a right to bring a case as a person whose interest had been adversely affected by the decision,” Comissiong told the DAILY NATION.(RB)
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