Briland Club developer wins initial ruling in Supreme Court case
4M Harbour Island Ltd., the developer of the Briland Club Residences and Marina on Harbour Island, won a small victory over an Eleuthera resident, the intended respondent in a lawsuit to halt the 4M development, after the Supreme Court denied that resident’s complaint to add the Harbour Island Town Council as a second intended respondent.
A release from 4M explained that in the first ruling in the case of Benjamin Simmons versus 4M Harbour Island Ltd., “After two days of court hearings, the court determined that the Harbour Island Town Council was not a proper party to the lawsuit.
“In connection with that judgement, the court ordered Simmons to pay the attorney’s fees and costs incurred by 4M Harbour Island Ltd.,” the release stated.
It added that the hearing to determine if the court will allow Simmons’ lawsuit to proceed is set for August 6.
Principal of 4M Michael Wiener said he will now await the outcome of the next court appearance.
“We are pleased with this initial ruling and we intend to take steps as ordered by the court to recover the costs incurred by 4M from Mr. Simmons as we await the further decision of the court,” he said.
In April, 4M announced that it had acquired an additional 21.4 acres of land to add to the Briland Club’s 27 acres.
The project is expected to feature club memberships, luxury residences, waterfront dining, retail shops and the only mega yacht marina in the region to include TechnoMarine floating docks, wave attenuation, clean/reliable power, and in-slip fueling and waste removal.
It was announced in 2017 that the project would move forward, but since then there has been pushback from some Harbour Island and Eleuthera residents, which led to the lawsuit against the development.
Officials from various government agencies, including the Bahamas Investment Authority, visited the development at the end of April to ensure that the scope of work was on par with the documents that were approved by the government. Wiener said then that those officials left satisfied.
The developer hopes to have 100 percent Bahamian employment at the property when it is complete, though the heads of agreement only calls for 70 percent.