A St. John family has been given until Oct. 3 to secure legal counsel in their ongoing battle with proposed marina developers Summer’s End Group, LLC. Superior Court Judge Sigrid Tejo issued that directive to the survivors of two Coral Bay property owners at the end of the hearing held Wednesday.
The survivors of sisters Minerva and Eglah Marsh — owners of Parcels 10-17 and 10-18 Estate Carolina — and the lawyer representing the developers made virtual appearances at that hearing. Attorney David Cattie told the judge he intended to enforce a settlement agreement already reached between the parties.
“This is a four-year-old case; we want to file a motion to enforce the settlement agreement. All they want to do is ask for more time,” Cattie said.
But a family representative for the Marsh Sisters’ Family Trust described efforts to hire a lawyer, associated costs and delays. “It has really eaten up a lot of our time because some attorneys have taken up to two weeks to review, because it’s such a complex case,” said witness Jacqueline Clendinen.
Other lawyers have withheld their services because they have conflicts of interest involving other parties in the case, she said.
When the civil complaint was first filed in April 2021, the plaintiffs said they were promised an agreement that included payments by the developers for the use of their land. Over the years, those promises never materialized while the land in question became tied up in litigation. “Plaintiffs seek to declare their rights and be paid what is due to them from Defendants for the fair market value of the loss of use of their properties,” court records said.
Cattie accused the family of trying to renegotiate the amount spelled out in an existing agreement; the plaintiffs say the agreement was never finalized. “They delayed this case and what I suspect is when they get an attorney, the attorney will ask for an extension,” he said.
Tejo gave the family until Oct. 3 to find a lawyer and notify the court. She also set a hearing for Oct. 22 to determine what comes next.
At the same time, Tejo acknowledged that the Virgin Islands is a small community where everybody knows each other and might pose a challenge when hiring a lawyer.
She advised the plaintiffs to consider hiring an off-island counsel. “Whether it seems fair or unfair, it is your responsibility to move this case forward,” the judge said.
