The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A MAJOR Harbour Island resort yesterday urged the Government to “aggressively pursue” a local horse riding entrepreneur’s “unauthorised construction” with the same vigour as its shanty town crackdown.

Pink Sands, in a statement issued to Tribune Business, warned that the location and “unpleasant odor” created by Byron Bullard’s B&B Horse- back Riding venture is undermining the five-star, $1,000-plus per night visitor experience that its guests are accustomed to.

Responding to this news- paper’s revelations of Mr Bullard’s dispute with both itself and the Government, the resort - which described itself as “the largest employer on Harbour Island” - argued that rather than seeking to stifle his entrepreneurial ambitions it had both promoted the horse back riding to its guests and offered to help him find a new, cleaner location.

Asserting that these offers had all been rejected, Pink Sands said Mr Bullard’s decision to shift his stables and paddock on to adjacent Crown Land “flies in the face” of his claim that he should gain ownership title to the portion of the resort’s land that he previously occupied via adverse/ vacant possession.

Setting out its position on a dispute that now embroils both itself and the Government, with different actions understood to be before the Supreme Court and Magistrate’s Court, Pink Sands noted how Mr Bullard relaunched his business in 2015 just four years after a Bahamas Humane Society (BHS) intervention on the grounds that the horses were not being properly looked after.

B&B Horseback Riding was initially relaunched on the south-eastern corner of Pink Sands’ property, the resort added, before subsequently moving on to the adjacent Crown Land. “The resort, sensitive to Mr Bullard’s business and in an effort to support his apparent entrepreneurial acumen, assisted him by promoting his horse stable operation to the resort’s guests,” Pink Sands said.

“This is despite the fact that Mr Bullard was not paying rent to the resort. Aside from this, the resort offered to relocate Mr Bullard’s horse stable at its own expense. Mr Bullard rejected the resort’s offer.

“At present, Mr Bullard’s operation directly impacts the resort’s ocean view and emits an unpleasant odor which directly affects the resort’s guests, especially those of the resort’s brand new two-bedroom condos built almost 50 feet away from Mr Bullard’s unauthorised horse stable operation.” The “odor” likely refers to the smell created by horse droppings, manure and the animal feed needed to maintain them.”

Mr Bullard, in his failed bid to launch Judicial Review proceedings against the Government over its demand that he cease “unregulated development” on the Crown Land his business now occupies, is alleging that the horse riding business, which he has owned and operated since the late 1980s, has occupied its present site “for more than 60 years” dating back to the 1950s when it was under other ownership.

As a result, the Bahamian entrepreneur is arguing that - through more than 36 years of “undisturbed possession” - he has met the 30-year legal minimum to be declared owner of the property and obtain a documentary certificate of title.

However, Pink Sands yesterday dismissed this assertion. “Mr Bullard moved his horse stable operation on to the adjacent Crown Land just two years ago. This flies in the face of any claims for adverse possession by Mr Bullard, whether it is against the Crown or the resort,” it argued.

The resort also revealed that the Government has issued proceedings against Mr Bullard and his business in the Magistrate’s Court, arguing that he has build a horse stable on Crown Land despite not possessing a valid lease or the necessary construction-related permits and approvals.

Tribune Business under- stands that this dispute is due to be heard on Thursday in the Eleuthera magistrate’s court before Magistrate Cara Turnquest-Deveaux, with Pink Sands yesterday hinting at frustration that the matter has been prevented from moving faster through the legal system via a series of adjournments.

“The resort rests solely on the rule of law, which applies to all persons in the confines of The Bahamas – Bahamians and non-Bahamians alike,” Pink Sands said. “In the same way that the Government moved throughout various shanty towns in The Bahamas, it should similarly aggressively pursue Mr Bullard for his unauthorised construction of a horse stable on Crown Land.

“Materially, they are the same – unregulated development.” Mr Bullard yesterday confirmed he and B&B Horseback Riding were due to appear again before the courts this month over the dispute, but hinted he may not be able to attend as he is presently in the US with his daughter dealing with a medical emergency.

“Pink Sands offered me other property,” Mr Bullard confirmed. “I’m a Bahamian. They shouldn’t be able to tell me where to go and dictate to me. We’re in the courts. The lawyers are trying to fight me. They’re saying it’s wrong, and not our property. That’s the Government.” Tribune Business understands that many Briland natives are sympathetic to Mr Bullard’s plight and cause.

However, Pink Sands set out its concerns over the brewing dispute to the Government on November 15, 2022. Andreas Ioannou, the resort’s president and who co-heads its owner, Orchestra Hotels and Resorts, requested that the Government help resolve a situation he described as “a big concern” in a letter sent to David Davis, permanent secretary in the Prime Minister’s Office.

Asserting that Pink Sands has been seeking to resolve the matter “for years”, Mr Ioannou wrote: “Our property is about 20 acres of land with approximately 800 feet of Atlantic Ocean frontage. Our group has invested millions of dollars to acquire the property in 2014, and has continued to invest millions in renovations, enhancements, building new villas and other aspects.

“We are the largest employer on Harbour Island with approximately 70 Bahamian team members and tens of construction workers. The demographics of our guests are very affluent, multi-generational spending well over $1,000 per night just for accommodations. Our group is fully vested in Harbour Island, and we will continue to re- invest in Pink Sands as well as looking to acquire other properties.”

Detailing the Bahamas Humane Society’s 2011 intervention, which resulted in the horses being taken to Nassau for care in an outcome that shut down Mr Bullard’s operation for four years, Mr Ioannou confirmed that B&B Horse- back Riding restarted in 2015 on a small portion of land owned by the resort.

“Our leadership team has tried for years to professionally discuss a way to vacate our portion of the property and find a new location for his operation. I personally got involved around 2018 and had different in-person meetings with Mr Bullard to discuss this concerning aspect to no avail,” he wrote.

“I must stress an important point here that, as business owners on Harbour Island, we did not pursue the fact that the sanitation conditions in the staging area were deplorable, there was no running, clean water for the horses, and nobody is cleaning the manure that the horses leave behind on the beautiful beach that visitors and locals enjoy.

“We, Pink Sands resort, instead have been encouraging Mr Bullard to find a new location and suggested ways to improve the conditions, but again to no avail.” Such a description has been vigorously rejected and disputed by both Mr Bullard and others, who have argued that the horses are healthy, well-maintained with overseas vets checking on them regularly, and all horse droppings cleaned up.

However, Mr Ioannou added: “In 2020, we proposed a plan for Mr Bullard to obtain government approval to build a horse stable on Crown Land in close proximity to his existing location. The proposed location is about 25 feet south-east from his current location.

“Again, in a professional manner and goodwill to help Mr Bullard, we offered to build the new horse stable with running water at our expense with zero investment on his behalf. Mr Bullard did not agree again.” Now, the horseback riding venture’s staging area and 75-foot extended fence are said to be blocking the ocean view of, and interfering with, Pink Sands’ newly-constructed ocean-front cottages and pools.

Mr Ioannou said meetings and talks with Harbour Island’s administrators, police officials and councillors, as well as Chester Cooper, deputy prime minister and minister of tourism, investments and aviation; John Pinder, the Ministry of Tourism’s parliamentary secretary; and North Eleuthera MP, Sylvanus Petty, have yet to produce a resolution.

“We are all very surprised that none of the officials involved have been able to assist in resolving what we think should be a logical and common-sense issue,” he wrote. “Our new ocean-front cottages are about to be completed and already booked for the Christmas holidays. We cannot place guests in them with the existing unsightly conditions in front of them.

“I emphasise once again that Mr Bullard’s operation was for a few years

staged on our property without approval and no rent payment, and recently constructed a horse stable on Crown Land without approval. Furthermore, on March 21, 2022, cur- rent administrator, Gilbert Kemp, issued an official letter to Mr Bullard to cease construction of the stable but it was not enforced.

“We are requesting for the Office of the Prime Minister to assist in resolving this big concern and protect our investment in The Bahamas. I will also request a meeting in person, either on Harbour Island or Nassau, at your convenience.”

Mr Kemp, in his letter to Mr Bullard, said complaints had been made over the fence located south of Pink Sands’ land being constructed without approval. He demanded that Mr Bullard “cease construction immediately” until he could produce a valid Crown Land lease agreement for the site.

Mr Bullard has also filed a writ and summons to initiate legal action against Mr Ioannou and Orchestra Hotels & Resorts, although this newspaper understands that the legal papers have not been served on the resort and the matter has thus not progressed to the hearing or listing stage.

The horseback riding entrepreneur, in his writ, is seeking damages for alleged “trespass” and a declaration that he is “absolutely entitled to shelter his animals” at a stable on Pink Sands beach under the terms of a permit granted by Harbour Island’s Town Planning Committee. Mr Bullard is also seeking a variety of injunctions to prevent the resort from demolishing or interfering with his business structures.

However, it is understood that no ‘statement of claim’ has yet been filed, which makes it impossible for Pink Sands and its parent to respond as they do not know the basis for the action.