By NEIL HARTNELL
Tribune Business Editor
Opponents of a controversial Harbour Island marina project are hoping to force its ex-project manager to "shed light" on whether its permits are non-compliant with government approvals processes.
Br-Island Responsible Development Association (BIRD), in legal papers obtained by Tribune Business, is seeking a US federal court order to compel Bernard Ross, who has a history of convictions and run-ins with US law enforcement, to give up whatever inside knowledge he holds on 4M Harbour Island and its principal, Michael Wiener.
BIRD's move, made on Wednesday, comes just two weeks after it launched a second Judicial Review challenge to 4M's construction and other permits in the Bahamian Supreme Court. Its application to the south Florida federal court to force Mr Ross to provide testimony and evidence is thus an attempt to bolster legal manoeverings aimed at thwarting the developer's ambitions.
Alleging that Mr Ross should possess "first-hand knowledge and information" relating to 4M's efforts to build a "steel metal 'artificial island'" and dock, as part of its Briland Residences and Marina project, BIRD and its members are alleging that the developer has violated Justice Diane Stewart's October 17, 2019, order that all permits be obtained in compliance with the law and established procedures.
"At issue now is whether 4M has violated this 2019 court order by continuing construction on the marina project without obtaining a permit 'made in compliance with the law'," Theresa Mersky, BIRD's vice-president, secretary and treasurer, alleged in a July 15, 2020, affidavit.
"4M began construction again following the issuance of a new building permit on April 21, 2020, by the Harbour Island District Council (HIDC). However, BIRD contends that this second permit is also legally invalid because it also was not made in compliance with applicable law."
She added: "The April 2020 building permit was issued following a written decision of the HIDC dated January 13, 2020, which stated, in pertinent part, that it was granting approval for the marina project subject to certain conditions, including that the project meet the requirements of the Bahamas Environment, Science and Technology Commission (BEST), and 'other relevant government agencies'."
"BIRD contends that because these conditions have not been met, the April 2020 building permit is invalid and, along with another party, has initiated a second judicial proceeding in The Bahamas seeking to have it quashed."
That second party is Ithalia Johnson-Elson, who BIRD said lives at New Juicy Hill on Harbour Island, "and has been involved in numerous challenges against irresponsible development" both on her own and via the Save Harbour Island Association.
Meanwhile, outlining the latest Judicial Review challenge to 4M's development, Ms Mersky added: "More specifically, in this new proceeding, BIRD contends that the requirements of the following Bahamian government agencies have not been complied with - the Harbour Island District Council; the BEST Commission; and the National Economic Council of The Bahamas.
"The Harbour Island District Council is the local governmental entity on Harbour Island. Under applicable laws, the Harbour Island District Council is required to engage in public consultation before making any decision. BIRD contends that this requirement was not met for a number of reasons.
"As a US company, 4M was required by Bahamian law to obtain the approval of the NEC for its marina project. Permission was granted by the NEC subject to the approval of an Environmental Impact Assessment (EIA) by the BEST Commission, and subject to certain size limitations, which BIRD contends 4M has exceeded."
Ms Mersky said BIRD was especially hopeful that Mr Ross will provide incriminating information on "the negotiations" between Mr Wiener's 4M and the Harbour Island District Council, which led to the grant of the April 2020 building permit.
"Any relevant evidence obtained from Mr Ross regarding impropriety in the permitting process will be used by BIRD to support its position in the judicial proceeding that is pending in The Bahamas. I have been informed by BIRD's Bahamian counsel that such evidence would be admissible with the leave and directions of the presiding Bahamian judge under applicable Bahamian law," Ms Mersky added.
No evidence of "impropriety" has been produced to-date, and it is unclear whether Mr Ross will be able to provide anything useful in relation to the permit granted by the Harbour Island District Council given that he and Mr Wiener parted ways in June 2019 - some 10 months before the approval in question was obtained.
All parties - Mr Wiener and BIRD, whose members are said to be drawn from Harbour Island residents - previously agreed that the site plan approval initially granted to 4M should be quashed, having been wrongly granted by the Government's Town Planning Committee instead of the Harbour Island District Council. This led to Justice Stewart's original order.
Mr Wiener and 4M Harbour Island did not respond to Tribune Business requests for comment before press deadline last night despite a spokesperson being contacted and informed about the nature of this newspaper's inquiries.
But the BIRD move, and second Judicial Review action, merely represent the latest legal headache for Mr Wiener, a California-based lawyer, in his efforts to progress his multi-million dollar investment. For, as reported by this newspaper, he is also embroiled in a legal battle with Mr Ross in the central California courts over his former project manager's claim that he breached their settlement agreement.
The pair agreed a $2.3m deal, with Mr Wiener paying Mr Ross and his wife, Holly, the first $1.319m installment, after their differences over the Harbour Island development's management became impossible to reconcile.
However, the 4M principal halted payment of the remaining $1m on the basis that his former project manager had created more issues and damages than first realised. Mr Ross thus headed to the central California court in a bid to force Mr Wiener to honour the settlement and pay the balance.
See more here:
Opponents bid to 'shed light' on Briland project - Bahamas Tribune
- Bahamas Vacation Packages & Travel Deals - Atlantis [Last Updated On: December 9th, 2016] [Originally Added On: December 9th, 2016]
- Bahamas: Maps, History, Geography, Government, Culture ... [Last Updated On: December 12th, 2016] [Originally Added On: December 12th, 2016]
- Nassau Paradise Island, Bahamas Where to Stay [Last Updated On: December 22nd, 2016] [Originally Added On: December 22nd, 2016]
- Bahamas Vacation Packages & Travel Deals | BookIt.com [Last Updated On: December 22nd, 2016] [Originally Added On: December 22nd, 2016]
- All-Inclusive Hotels & Resorts, Nassau Paradise Island [Last Updated On: January 15th, 2017] [Originally Added On: January 15th, 2017]
- Bahamas - The New York Times [Last Updated On: February 5th, 2017] [Originally Added On: February 5th, 2017]
- The Official UK website, The Island of The Bahamas | The ... [Last Updated On: February 5th, 2017] [Originally Added On: February 5th, 2017]
- No Elections Just Yet, Bahamas Prime Minister Says | Caribbean360 - Caribbean360.com (subscription) [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Survival in the Bahamas - Lifestyle - The Daily Herald - Columbia, TN - Columbia Daily Herald [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- CHTA Donates $25000 for Bahamas hurricane relief - Yahoo Finance [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Miami hosting Venezuela-Bahamas Davis Cup tie - Tennis Magazine [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Venezuela plays Bahamas in "home" Davis Cup matches in Doral ... - Miami Herald [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Bahamas tops Caribbean on crime's economic cost | The Tribune - Bahamas Tribune [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Bahamas Victory Could Propel Lincicome to 2017 Solheim Cup - LPGA (press release) [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Lupus Bahamas releases new 'Lupus and the Kidneys' Educational Pamphlet - The Freeport News [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Volunteers 'Good To Go' For Iaaf World Relays Bahamas - Bahamas Tribune [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- In the Bahamas, the Art of Conch - Caribbean Journal [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Doug Manchester to be Bahama Papa for US? - San Diego Reader [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Conference USA helps Old Dominion make money on Bahamas Bowl trip - Daily Press [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- SaskTel beaches employees in the Bahamas - News Talk 650 CKOM [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Travel Deals - Official Nassau Paradise Island, Bahamas ... [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Cruise Liner pulls out of Bahamas for Cuba - Jamaica Observer [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- Ancient Tropical Tortoise Found in a Deep Blue Sinkhole in the Bahamas - Seeker [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- In A Growing Trend, Norwegian Cruise Lines Drops Bahamas In Favor Of Cuba - Cuba Journal [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Cruise Line Drops 25 Bahamas Sailings - Cruise Radio (blog) [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Bloody weekend in Bahamas, Opposition calls for Gov't to break silence - Jamaica Observer [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Nassau, Bahamas: Where to eat, dive and lay out on the sand - amNY [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Greenslade: Bahamas Is Not In Crisis - Bahamas Tribune [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- The Oshies, Alzners, and Winniks are vacationing together in the Bahamas - Russian Machine Never Breaks [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Caps players and families have 'best Valentine's Day ever' in the Bahamas - Russian Machine Never Breaks [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Search called off for Georgia man who went overboard in Bahamas - 11alive.com [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- IXE Bahamas Bank Bid Crashes - finews.com [Last Updated On: February 16th, 2017] [Originally Added On: February 16th, 2017]
- Authorities Blame Gangs for the Bahamas' Bloody Start to 2017 - Insightcrime.org [Last Updated On: February 16th, 2017] [Originally Added On: February 16th, 2017]
- Official Launch Of 'Team Bahamas' Carifta Movement - Bahamas Tribune [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Will Klay Thompson Wear The Anta KT 2 Bahamas During NBA All ... - KicksOnFire.com [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Hefty 13ft tiger shark is a local record-breaker in the Bahamas - Earth Touch [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Hendrix students travel to Bahamas for mission trip - Log Cabin Democrat [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Silver Airways adds more non-stop flights to the Bahamas - WFLA [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Bahamas' 'Growth Potential' Down 3% Since Century Start - Bahamas Tribune [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Imf Bahamas Chief Supports Fiscal Limits - Bahamas Tribune [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Tough Approach on Tax Arrears Pays Off For Bahamas Government - Caribbean360.com (subscription) [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Privy Council Has Fourth Sitting In The Bahamas - The Bahama Journal [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Bahamas Well Represented at NY Times and Boston Globe Travel Shows - South Florida Caribbean News [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Take the Unlikely Plunge into the Beautiful Waters of The Bahamas - TravelPulse (blog) [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Bahamas Tops Guyana 4-1 At Concacaf Beach Soccer - Bahamas Tribune [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Widely Adored Swimming Pigs Found Dead in the Bahamas - Travel+Leisure [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Bahamas famous swimming pigs found dead in ocean - only seven or eight left - News24 [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Swimming with pigs in the Bahamas could soon be a thing of the past as only seven of them are still alive - The Sun [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Robocall scheme that sold Bahamas cruises is in permanent dry dock - MyPalmBeachPost (blog) [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Bahamas Gets 3-0 Win Over Belize - Bahamas Tribune [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Three Straight: Lesly St Fleur Scores Hat Trick As Bahamas Beats Jamaica 3-2 - Bahamas Tribune [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- The Famous Pigs From The Bachelor Island Date Are Dying - Refinery29 [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Bank fees also under the radar in The Bahamas - Jamaica Gleaner [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- 20 Best Resorts in the Bahamas, Bermuda, and Turks & Caicos - Cond Nast Traveler [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Moody'S: Bahamas Deficit Will Exceed $300m This Year - Bahamas Tribune [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Bahamas Face Guadeloupe In Beach Soccer Quarter-Finals On Friday Night - Bahamas Tribune [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Beloved Swimming Pigs Of The Bahamas Found Dead - Huffington Post [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Bahamas Must 'Buffer' Against Deficit Blow-Out - Bahamas Tribune [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Guadeloupe End Bahamas Hopes Of Progress In Beach Soccer Championship - Bahamas Tribune [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Caribbean Hotel And Tourism Assoc. Helps Hurricane-Affected Haiti & The Bahamas - South Florida Caribbean News [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- AG warning about 'Bahamas Grandkids Scam' - Artesia Daily Press [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Junior golfers fare well at Bahamas tournament - Cayman Compass [Last Updated On: February 27th, 2017] [Originally Added On: February 27th, 2017]
- Bahamas face US in fifth place playoff after beating Trinidad | The ... - Bahamas Tribune [Last Updated On: February 27th, 2017] [Originally Added On: February 27th, 2017]
- Swimming pigs of the Exuma Cays, Bahama's killed and tourists are ... - Metro [Last Updated On: February 27th, 2017] [Originally Added On: February 27th, 2017]
- Bahamas Grateful To Support From Missionary Flights International - South Florida Caribbean News [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- The Bahamas Private Developers vs. Government Run - Albany Times Union (blog) [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Amnesty Int'l critical of Jamaica, Haiti, The Bahamas - News ... - Jamaica Observer [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Bahamas Suffers 4-2 Loss To Usa - Bahamas Tribune [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- PRESS RELEASE: Dan Marino And Friends Bahamas Weekend 2017 Planned For May 25-27 - MiamiDolphins [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- In the Bahamas, Sharks Are Worth More Alive than Dead - Hakai Magazine [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Amnesty Int'l critical of Jamaica, Haiti, The Bahamas - NYCaribNews [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Several of the Bahamas' Beloved Swimming Pigs Found Dead - TownandCountrymag.com (blog) [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Bahamas famous swimming pigs dead from possible tourist feeding - MyStatesman.com [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Rosewood Baha Mar in Nassau, Bahamas to open in 2018 | Rus ... - RusTourismNews [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Tourists may have killed Bahamas' famous swimming pigs - New York Post [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- DNA Party: PM Offers More Harm Than Good In Office - The Bahama Journal [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Famous Swimming Pigs in the Bahamas Found Dead After Tourists Give Them Alcohol - Cosmopolitan.com [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Mysterious wave of death strikes the Bahamas' famous swimming pigs - Washington Post [Last Updated On: March 3rd, 2017] [Originally Added On: March 3rd, 2017]
- IAAF World Relays Bahamas 2017 set to be biggest one yet - International Association of Athletics Federations [Last Updated On: March 3rd, 2017] [Originally Added On: March 3rd, 2017]
- Bahamas PM Apologizes For Flipping Bird, Saying He Lost Control While Defending Family - Caribbean360.com (subscription) [Last Updated On: March 4th, 2017] [Originally Added On: March 4th, 2017]