Monday, December 9, 2024

Business owner files lawsuit against Mayor Wally Nuñez

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The law firm Barrow and Williams has filed a lawsuit against San Pedro Mayor Gualberto ‘Wally’ Nuñez, representing two clients: Brittney O’Daniel, the first claimant, and Corner Lot Limited, the second claimant. The Mayor is accused of abusing his office, engaging in bad faith, and deliberately and unlawfully demanding financial compensation and other quid pro quo arrangements from O’Daniel.

Mayor Gualberto ‘Wally’ Nuñez

The first claimant alleges that the Mayor demanded a payment of BZ$36,800 to grant a construction permit for the second claimant’s property (parcel 1212). Additionally, officers from the San Pedro Town Council’s Building Unit are accused of extorting BZ$900 to permit the use of a crane on the island for the project. The lawsuit was filed in the High Court in Belize City on November 7th.
Mayor Nuñez informed The San Pedro Sun that he needed to consult with his lawyer before making a statement on the matter. However, he did convey to the mainland media outlet 7 News that he denies the allegations. Nuñez stated that he did not receive any money from the first claimant and explained that the BZ$900 was for stop orders issued because construction was being carried out contrary to the approved plans. The Mayor emphasized that the building unit operates independently of the San Pedro Town Council (SPTC).

Docks in question

Details on the suit
The lawsuit document states that O’Daniel has been a businessperson on the island for years and is one of the two shareholders and directors of Corner Lot Limited. In 2012, she began leasing a property (parcel 1213) on the Boca del Rio strip, where a restaurant was operated. In 2015, a hostel was constructed on the property under lease agreements, and over the next two years, a pier was built in front of it. This pier was used to collect docking fees from boat owners and guests of the hostel.
Corner Lot Limited, the second claimant, owns the adjacent property to the hostel (parcel 1212). A building had been on this property for years, but in early 2024, it was decided to demolish the old building and construct a new hotel. Applications were made to the SPTC for demolition and construction permits. Plans for the demolition and construction were submitted to the SPTC Building Unit. In September of this year, demolition permission was granted, except for the building one. During a meeting with the Mayor in early August, O’Daniel was informed that she needed to remove her pier to facilitate the defendant’s plans to build his own dock. The Mayor owns a property (parcel 1214) next to the O’Daniel’s hostel. If this were done, the construction permit would be issued.
O’Daniel agreed to relocate her pier 25 feet to the south of the property to make room for the Mayor’s pier. According to the suit, the construction permit was delayed. O’Daniel noted that on August 12th, the defendant sent word to her that he required payment to him personally of BZ$36,800 before he would grant the construction permit. The document notes that O’Daniel paid this amount to the Mayor.

Construction in question

A ‘No Objection Letter’ was received, which was not what the first claimant expected. They were also informed that due to the size of the construction project, the Central Building Authority (CBA) had to approve it. Provisional approval was granted because the SPTC Building Unit would provide an approval letter. The file said this was not done. However, the CBA ultimately granted permission for the construction of parcel 1212.
The suit also filed special damages. These include BZ$20,000 to the second claimant for losses incurred by the defendant’s wrongful refusal to allow a crane hired by the claimants to enter San Pedro. General damages were caused by the first claimant’s partial dismantling of the pier. Damages for misfeasance in public office, including loss of opportunity costs, when the defendant stopped the second claimant’s construction project.
The matter is now expected to be taken to court.

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