- Case summary
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99 Sapodilla Ltd is the applicant/appellant, and the Governor of the Turks and Caicos Islands is the respondent. The appeal relates to the intended acquisition of parcel 60612/99, Norway and Five Cays, Providenciales, Turks and Caicos Islands, for the development of a vendors' market to accommodate vendors and tourism activities.
Issues with Illegal Beach VendingSince 2017, there have been numerous complaints about illegal beach vending and associated issues at Sapodilla Bay Beach, including vendors encroaching on private property, disturbance of peace, overcrowding, marine safety concerns, and poor waste management.
Beach Vending LegislationThe Beach and Coastal Vending Ordinance 2021 and the Beach and Coastal Vending Regulations 2021 prohibit vending activities on beaches without a license and establish designated vending zones. A vending zone is established for Sapodilla Bay on Crown land across the road from the beach, but it is currently unused.
Acquisition ProcessThe Governor issued a Declaration of Intended Acquisition for parcel 60612/99 on August 23, 2022, following a Cabinet decision on December 9, 2021. The appellant owns the adjacent parcel 60612/100, where a luxury villa is built, and negotiations for the government to purchase both parcels were unsuccessful.
Grounds of AppealThe appeal is brought on two grounds: (1) there is an alternative site available without the necessity for compulsory acquisition, and (2) the acquisition of the particular land is not necessary for the intended purpose.
Disposition
The court decided to allow the appeal by 99 Sapodilla Ltd on the ground that the acquisition of the particular land was not necessary for the purpose intended. The court found that there was no evidence to show how the acquisition of the land would address the issues identified, and thus, the acquisition was not necessary. Consequently, the court ruled in favor of the appellant, 99 Sapodilla Ltd.
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