Nygard’s kicked in the groyne

As of Monday, September 10, 2018

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE government has given Canadian fashion mogul Peter Nygard less than a month to remove barriers he built out into the sea near his Lyford Cay home.

The deadline is the first court-enforceable order against Mr Nygard in more than a decade, and represents a settlement reached between the Lyford Cay homeowner, the government and environmental advocacy group, Save The Bays (STB) embodied in what is called a Tomlin order.

The barriers are called groynes, and are structures typically built out into the sea from a beach to impede the natural longshore transport of sand on an eroding shoreline.

A Tomlin order is issued when a court case is settled on certain conditions and, not withstanding settlement of the court case, the terms of the settlement remain enforceable in that court.

This is the latest in Mr Nygard’s ongoing battle with STB over allegations the construction/development activities at his Lyford Cay home have led to a substantial extension of the property.

The group claims Mr Nygard has almost doubled the size of his property, from 3.25 acres to 6.1 acres since he acquired it in 1984, by allegedly reclaiming Crown land from the sea.

Yesterday, STB lawyer Fred Smith, QC, said: “Successive governments have ordered Nygard to remove all of his groynes. Indeed, the Ingraham administration got a $2.7m quote to remove the groynes but the 2012 election overtook that event, and the PLP government thereafter protected Nygard and his (alleged) illegal construction.”

Mr Smith continued: “STB issued their judicial review in June 2013 to prevent any further groyne expansions by Nygard, and in March of 2018, the government settled with STB on the basis that the prime minister responsible for Crown land, the Town Planning Committee, and minister of works would take action and make the decisions according to law.

“And this has resulted in the Tomlin order by which the government issued a decision that they would require Nygard to remove the groynes within 28 days, and failing which the government would do so.

“The difference between this government order and all the previous ones from 2010 is that this order is embodied in a court order, and so if Nygard does not remove his groynes within 28 days and the government doesn’t do so after that, then STB can enforce the court order by mandamus.

“We don’t have to go back to the government or anything else,” he added, “this is game over.

“Save the Bays is watching 24/7 to make sure that the demolition order will be enforced.”

The order was issued on Friday.

Mr Nygard is due to appear in the Supreme Court to be sentenced for two contempt rulings on September 28.

TalRussell 5 years, 7 months ago

While I am of belief the rushed prosecutions Comrade PLP's - smack political prosecutions, I absolutely salute current governing administration's sucking it reign in much controversial sinful display goose-stepping coded action dealings between 'guest Bahamaland" and former governing politicians with Lyford Cay land owner. If anything is worth appointment Royal Commission Inquiry - it has be over goose-stepping coded actions going on's most evident between this "singled out special privilege guest" and that of former governing PLP politicians and PLP political operatives.

OldFort2012 5 years, 7 months ago

I fail to see what all the fuss is about. God alone knows how many Bahamian construction workers he has employed over the past 30 years. Probably more than Baha Mar. He wants groynes? Fine, that will be $1m each into the treasury coffers, per year. Or remove them.

You enlarged your property? Fine, you stole 3 acres of Crown Land? That will be $10m per acre. Pay up or return it.

Use your heads!

Porcupine 5 years, 7 months ago

The tobacco companies used the same argument about employing people for many years. And, how do you know that Nygard didn't pay these sums you mention? Maybe only one or two people got the money, as often happens here. Does anybody go to jail? Read today's paper. Never. It is part of doing business here.

bogart 5 years, 7 months ago

Removing the groins ...looks like all that sand will probably cause more trouble.....make him pay for the 'new' land and 100 hours Community work teaching Bahamians how to shore up coastlines...to prepare for yhe inevitable Climate Change yhat will cause sea levels to rise......we need all the land that we can get......

John 5 years, 7 months ago

Obviously the person who advised that he remove the grounds know that the rest of the reclamation will wash away without them. Government should have given Nygard the option purchase the disputed property at prime price plus a 50 percent surcharge as a penalty. It would be a great tragedy and injustice to continue to dismantle the shamans allow Nygard to get away with stealing prime crown land.

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