The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A long-running Rum Cay feud has suddenly reignited to endanger the multi-million dollar sale of one of the island’s most valuable and important economic assets.

Bobby Little, owner of Sumner Point Properties, yesterday told Tribune Business he is seeking police, government and regulatory intervention after being stunned by the sudden reappearance of David Cummings, a rival Rum Cay investor who he has fought against in multiple Supreme Court legal disputes dating back almost two decades.

The US developer, who said his family’s involvement on the island dates back to the 1960s, is alleging that Mr Cummings is breaching an October 19, 2012, Supreme Court Order - which he says remains in effect - barring the latter from interfering with the 80-acre Sumner Point property and its marina through blocking roads by “depositing sand” and other means.

This newspaper has obtained photographs purporting to show Mr Cummings using an excavator to dredge, and clear, sand from the Sumner Point marina entrance channel with several sources identifying him as the person inside the cabin operating the machine.

And Mr Little, meanwhile, is also asserting that Mr Cummings’ re-emergence on Rum Cay comes following a six-year absence after the latter was found “found guilty of contempt of court” in March 2020 just before COVID-19 struck. Then-justice Indra Charles ordered Mr Cummings and an associate to each pay a $25,000 fine to avoid bein jailed for three months in Fox Hill prison as well as cover Mr Little’s and Sumner Point’s legal costs.

The ruling, which has been seen by Tribune Business, also ordered Mr Cummings to “pay full restitution” for destroying multiple buildings and structures at Sumner Point, including the ‘Out of the Blue Restaurant’, ‘the Kalik House’ and four beach cottages as well as utilities, dock and road infrastructure. An appeal against this was unsuccessful, and Mr Little yesterday alleged that - while his rival has paid the fine and his legal fees - he has not paid any restitution for the project’s destruction.

Then-justice Charles ruled that an “assessment of damages” should be undertaken, and Mr Little is asserting that an appraisal performed on his behalf by a Nassau-based quantity surveyor pegged the sum due to him at $15.5m. He said he has been unable to rebuild Sumner Point and its marina after becoming “financially exhausted”, adding that he is unsure whether he will pay further legal fees “to keep fighting any more”.

Mr Little also revealed that Mr Cummings’ return to Rum Cay, and activities that allegedly amount to “trespassing” on Rum Cay’s property, threaten to disrupt Sumner Point’s potential sale to a buyer whose identity he did not disclose. “I’ve not gone through with the sale although I have got a really good buyer,” he said. “The buyer I have has been with me for about a year. I wanted to first finish the restitution and deal with Dave Cummings.

Mr Cummings, who runs a pollution control company in New York state, could not be tracked down for comment by Tribune Business yesterday. He and Mr Little have been feuding on Rum Cay for more than a decade with demolished buildings central to the dispute between the two parties. However, in letters and e-mails seen by Tribune Business, Mr Little and Sumner Point Properties yesterday appealed for “urgent” assistance from the police and regulatory authorities over Mr Cummings’ reappearance.

Sumner Point Properties, in a letter addressed to Superintendent Edison Lewis and Inspector Curtis, the police officers in charge of San Salvador and Rum Cay, respectively, plus local councillor Dave Knowles, argued that Mr Cummings was violating the 14 year-old Supreme Court injunction Order prohibiting him from “interfering with the use of the marina” and taking actions that impact this amenity and the gas stations.

“We have now received information, together with photographs, indicating that Mr Cummings is presently on the ground in Rum Cay at the marina and is actively carrying out works, most specifically trespass, and including digging and dredging activities. These actions appear to be directly contrary to the terms and intent of the existing Supreme Court injunction,” Sumner Point Properties and Mr Little alleged.

“We are therefore placing the relevant local authorities on formal notice of this matter, and respectfully requesting immediate intervention to have Mr Cummings cease and desist from all such activities at once. Given the existence of a court Order, and the seriousness of the conduct now being reported, we ask that this matter be treated as urgent.

“For clarity, this is not a private disagreement being raised in isolation. The Supreme Court has already issued an Order restraining the conduct complained of, and the continued activity at the marina risks further damage to the property, further escalation of the dispute and potential contempt of court.”

For good measure, the Sumner Point owner also sought intervention by the Department of Environmental Planning and Protection (DEPP). In an e-mail to Dr Rihanna Neely-Murphy, DEPP’s director, it said that no authorisation had been given by itself or nearby property owners for the dredging and excavation, and it was unaware of the necessary certificate of environmental clearance (CEC) or relevant permits being granted.

“In the circumstances, we are respectfully requesting the urgent intervention of the Department of Environmental Planning and Protection. We ask that your office immediately investigate this matter and take any necessary steps to stop any unauthorised dredging, excavation or environmental disturbance at Sumner Point Marina pending proper verification and enforcement action,” Sumner Point Properties added.

Mr Little told Tribune Business that he had simply lacked the financial and other resources to “start over again”, and rebuild Sumner Point and its marina following his eventual Supreme Court success, with $4m-$5m in capital investment required following the building demolitions by Mr Cummings. He described the latter’s prior efforts as a “takeover” by force, and fears he may now be attempting to do this again.

“We opened right after we won, but because there was so much destruction we didn’t have an office, we didn’t have a pier, we didn’t have fuel,” he said. “We had to start over again. We had nothing to restart a business. Boats could come in, but there were no jobs and no way to bring it back. The marina needed input of $4m-$5m minimum to get it back up to where it was. I was exhausted financially.”

Mr Little added that Sumner Point’s post-demolition revival was also delayed after the Government claimed legal ownership of a 15-acre tract within its 80-acre property. The Government had also initially challenged Sumner Point Properties’ ownership of the entire property, but the Supreme Court rejected both claims after finding that the Government’s former acting surveyor general, Thomas Ferguson, contradicted himself when giving evidence under cross-examination.

Having successfully overcome that obstacle, Mr Little yesterday said Mr Cummings’ return to the island threatens to create a new hurdle. “His equipment is moving over our roads, trespassing on our property,” he said. “He’s interfering with the sale of the business for Sumner Point. He’s destroying the future of Sumner Point…

“My family has worked so hard to make Rum Cay a really nice place and destination for people. We provided jobs, gave work to all the people there. My father was back and forth from Rum Cay since 1965. I don’t want to lose everything we have worked so hard for all those years for. It’s all we have. My dad was a civil engineer, middle class. He took all his money, bought the property in Rum Cay, set up a Bahamian company, did everything legally and worked to make Rum Cay better.

“We did it from the heart. We didn’t make millions of dollars. It’s what this country needs, not these big companies coming in ripping and reaping. All we have is vacant land, big sand dunes and destroyed buildings,” Mr Little said. “We have followed the law and done everything legally, and it’s not worked in our favour. We would have been better being lawless.

“We followed the law, the courts were slow, and nobody went the extra mile to stop him. Rum Cay doesn’t have a future. I want Rum Cay to come back. I want to go back to Rum Cay and enjoy it, but I can’t. I’ve been put in such a spot financially. Now, we’ll find out in the next few days what legal rights we have. I might have to come up with another $500,000 in legal costs to keep fighting. I don’t know if I have the amount to keep fighting any more.”

In the meantime, Mr Little said Rum Cay continues to depopulate, estimating that around 40-50 persons still remain on the island.