GREAT BAY--Member of Parliament Egbert Doran has prevailed in a court case brought against him personally by Alegria Real Estate N.V. over a decision he made while serving as Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) concerning approximately 13,525 square meters of water rights.
The Court dismissed the claims brought against both Doran and the Country of St. Maarten, finding no basis to conclude that Doran acted unlawfully when he refused Alegria’s request.
Alegria had sought to hold Doran personally liable for the decision taken during his tenure as Minister. The Court, however, recognized that a Minister must have the ability to make policy decisions, weigh competing interests and, where necessary, adopt a position different from that of a predecessor.
In Doran’s case, the Court specifically acknowledged that he weighed the public interest against Alegria’s commercial interests when reaching his decision.
The ruling is also significant for the Country of St. Maarten. Alegria argued that government was already bound by an agreement to grant the requested water rights. The Court found that Alegria had not sufficiently proven the existence of such a binding agreement.
As a result, the Court rejected both the attempt to compel the Country to grant the requested water rights and the effort to hold Doran personally responsible for the ministerial decision.
For Doran, the ruling brings closure to a matter stemming from his time as Minister of VROMI and reinforces the principle that Ministers must be able to make difficult policy decisions while balancing public and private interests.
Doran said the decision he took at the time was guided by what he believed served the broader interest of St. Maarten.
“I made the decision based on what I believed was in the best interest of St. Maarten and its people. As a Minister, you will not always make decisions that everyone agrees with, but you must have the courage to make them. I am pleased with the Court’s decision and grateful that this matter has now been settled,” Doran stated.
With all claims against Doran and the Country dismissed, the case has concluded favorably for both defendants.
