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Town Clerk fails in bid to discharge order against Parking meter project
An ex-parte application made by Town Clerk of the Mayor and City Council of Georgetown (M&CC),
Minister of Communities, Ronald Bulkan
Royston King to discharge an Order Nisi granted against the parking meter project was refused by Justice Brassington Reynolds, when the matter continued in chambers of the Georgetown High Court, yesterday.
The order nisi was filed by attorney Pauline Chase on behalf of New Building Society, (NBS).
Granted on February 8, the order demanded that City Hall show just cause why the parking meter project should not be quashed. The order would have resulted in a temporary halt to all activities relating to the project. Failure to observe the order would have resulted in contempt.
The M&CC was scheduled to continue implementation of the project which is spearheaded by the overseas-based Smart City Solution (SCS) yesterday.
As such, the Town Clerk, through his attorney, Stephen Fraser, applied to the court to have the Order Nisi discharged.
Fraser indicated to the court that he is representing SCS and will be filing an application on their behalf to be joined to the proceedings.
It was noted that Fraser is a partner in the law firm of attorney Roger Yearwood, the lawyer for the M&CC.
Additionally, leave has been granted for the respondents to file an affidavit in answer to the court action against the parking meter project of the M&CC.
By the end of the proceeding, the court ordered that the Minister of Communities Ronald Bulkan and Town Clerk Royston King file an affidavit in response to the action against the Municipality. The respondents were ordered to file the answer by March 6. The matter is set to continue on that date.
Town Clerk, Royston King
Earlier this month, the action was brought against City Hall by the New Building Society (NBS) over the installation of parking meters in front of that establishment.
A writ of summons was presented on behalf of NBS and was brought against the respondent, the M&CC.
According to the writ, NBS is aggrieved that the meters were placed in front of its North Road and Avenue of the Republic location. It is the company’s belief that such a move is disadvantageous and adversely affects and destroys the system and investment it has made in the new location.
NBS contends that the placement of the meters was done without consultation or approval. NBS believes that the M&CC was aware that a car park was constructed for NBS customers and for the council to now charge for parking in that location, is egregious and improper.
The writ outlined that “NBS feels aggrieved that no one has invited the entity for any discussion or exchange of views in relation to the installation of parking meters in front of the premises. Furthermore, it is the society’s belief that the huge expense incurred to develop the environs of that building was totally disregarded by the M&CC.”
More importantly, the financial institution contends that its housing mortgage business, which is the core of its operation, with in excess of 10,000 mortgagors, will be adversely affected.
The company believes that the installation of parking meters will result in monthly loan repayments being delayed and this does not augur well for the profitability of its business. The company says it stands to lose, since built-up arrears will become burdensome for the liquidity of its operations.
The company is seeking $250,000 in damages against the M&CC.
The M&CC is represented by Attorney-at-law Roger Yearwood. The municipality claims initially that the NBS has unlawfully encroached on a public place within the control of the M&CC. Additionally the city council contends that it has the authority to erect and maintain parking meters and regulate the parking of vehicles on council roads.
The M&CC says that NBS argument lacks merit and as a responsible corporate citizen, as it purports to be, it should have looked at the way it constructed its building.
M&CC argues that it is not responsible or can be saddled with catering for the parking of NBS’s employees and customers.
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