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National Trust, activist on different sides over Park tenant’s eviction

JOE Darville in the Bimini wetlands.

JOE Darville in the Bimini wetlands.

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Bahamas National Trust (BNT) and a prominent environmental activist found themselves on opposing sides over the former’s termination of a water sports vendor’s lease at the Lucayan National Park.

Joseph Darville, chair of Waterkeepers Bahamas and Save the Bays, swore a September 24, 2024, affidavit in support of Corey Valentino Cooper, proprietor of Lucayan Beach Spot and Gold Rock Beach Water Sports, who asserting that he “be allowed to continue his operation” and that there was no sign he represented “a hazard to the area”.

His witness statement formed part of the evidence supporting Mr Cooper’s bid for a Supreme Court injunction to prevent the BNT from “interfering” with his business operation at Gold Rock Beach in the Lucayan National Park.

The vendor also sought the court’s intervention to allegedly prevent the Trust from obstructing his access to the beach; “making threatening telephone calls” to him; and “harassing and attempting to intimidate” him by arranging for Royal Bahamas Police Force officer to call and visit him.

However, Justice Petra Hanna-Adderley, in a December 30, 2024, verdict rejected Mr Cooper’s injunction bid and ordered that he “vacate the premises” by January 12, 2025, “on or before” 5pm. Also named as defendants were Lakeisha Anderson-Rolle, the Trust’s executive director; Ellsworth Weir, its director of parks; Joanna Parker, its Grand Bahama parks manager; and Bradley Pinder, Lucayan National’s deputy warden.

Mr Cooper, in his claim, alleged that he was given permission to operate his business, which featured water sports together with the rental of chairs, umbrellas and other beach items plus the sale of juices and “Bahamian-style coconut water”, by the BNT in 2022. He invested all his savings in the venture plus obtained a near-$20,000 loan from Fidelity Bank (Bahamas).

The two sides signed a May 5, 2023, lease agreement for one-year with a monthly rental fee of $200 payable to the Trust. “Having confidence in his ability to generate income and promote the success of his business, [Mr Cooper] relied on and committed the anticipated proceeds of the business store to pay the loan, maintain the business his infant child and himself,” Justice Hanna-Adderley recorded.

However, without warning, Mr Cooper received a letter from the BNT on August 8, 2024, demanding that he vacate the premises “within five days” as there would be no renewal of the lease. In a subsequent letter to his attorney, former PLP MP Pleasant Bridgewater, the Trust cited three reasons for why the lease was not being renewed.

The September 4, 2024, letter signed by Mr Weir accused Mr Cooper of “illegal fishing”. It added: “Mr Cooper was observed fishing in a designated area of the park, an action that directly violates park regulations. The presence of clear ‘no fishing’ signage further underscores the violation of the law.”

The Trust also alleged he had “repeatedly discarded trash and garbage” in restricted areas of the Lucayan National Park, including in locations earmarked for sand dune restoration, which “not only detracts from the park’s natural beauty but it also poses a risk to the environment and park wildlife”.

And, in an alleged third transgression, it was claimed Mr Cooper “on at least two occasions brought an uncontrolled dog into the park”. This dog was alleged to have bitten a visitor but, when the Park warden tried to investigate the incident, he was greeted with “combative behaviour” by Mr Cooper.

“Mr Cooper’s actions have demonstrated a pattern of disregard for park rules and the law, which raises serious concerns about his suitability to continue his operations within a protected National Park,” Mr Weir wrote on the Trust’s behalf.

Mr Cooper, though, alleged that the Trust executives - Mr Weir, Ms Parker and Mr Pinder - seemed “to have a personal vendetta against” him because they appeared “to be doing everything they can to get rid” of what was described as an “authentically 100 percent Bahamian” venture.

He was backed by Mr Darville, with the veteran environmental activist revealing he had visited Mr Cooper’s business and participated “in his clean and proper offerings”. Tests by Waterkeepers Bahamas and Save the Bays had revealed no harmful environmental impact from the business.

Ms Anderson-Rolle, though, argued on the Trust’s behalf that Mr Cooper and his operation were in breach of the Trust’s bye-laws. She also asserted that he had failed to make the necessary lease payments and did not acquire the necessary business licences from the Grand Bahama Port Authority (GBPA).

While Mr Cooper argued that he had “a legitimate expectation” that the lease would be renewed, Justice Hanna-Adderley sided with the BNT in finding there was no “serious issue to be tried”. She ruled that the lease was for a one-year fixed term, and there was no automatic right of renewal or renewal clause. This meant there “are not triable” issues and she dismissed the injunction bid.

 

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