Kildare loses case in
bid for casino licence
PHILIPSBURG/St. Maarten-Kildare Properties N.V. has lost its court case, a so-called LAR procedure, filed against the Executive Council concerning the latter’s refusal to grant it a licence to operate a casino in Caravanserai Resort in Beacon Hill.
Kildare had filed the case in the Court of First Instance on May 8.
Kildare stated during the court hearing, held on March 22, that the Executive Council should suspend its decision to refuse Kildare the controversial casino licence until the Court had given its decision in the fundamental court case or “bodemprocedure,” which is still pending.
Judge Frans Vennix said Wednesday that the Federal Ordinance on Administrative Justice (LAR) had been drafted to give a platform to parties being disproportionately disadvantaged by a government decision.
The Judge stated that in this case Kildare would have been disadvantaged by a so-called “fictitious” refusal of the Executive Council. However, the Judge ruled that that in fact there was no “fictitious” refusal as yet, because the reasonable term within which the Executive Council would have to respond to Kildare’s letter of February 22 had not yet expired.
“In fact there is no decision yet against which Kildare can file a case,” the Judge said in throwing out the case.
Kildare was ordered to pay for the cost of the legal procedure, which was estimated at NAf. 700.
St Maarten vacation rental
