Verdict Alegria case - VROMI St. Maarten

DEJONG congratulates the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) and the Country Sint Maarten on the positive judgment delivered by the Court of First Instance on September 1, 2026. The judgment represents an important victory for the Country and confirms the strength of its legal position concerning the proposed issuance in long lease of approximately 13,525 square metres of public water in Sint Maarten.

In its judgment of September 1, 2026, the Court of First Instance accepted the principal arguments argued on behalf of the Country and dismissed Alegria’s claims in full. Alegria had argued that a binding settlement agreement required the Country to issue the water parcel in long lease and sought enforcement of that alleged agreement, together with damages.

The Court confirmed an important principle of public law and government contracting: the Country cannot be bound to legally transfer valuable public assets through informal communications when the legally required authority and formal (Government) decision-making are absent. The Court also considered it relevant that Alegria was an experienced professional party that knew, or should have known, that the Minister of VROMI was the competent authority to decide on the issuance. The claims against the Country Sint Maarten were therefore dismissed. The Court also confirmed that the former Minister was entitled to independently weigh the public interest, including potential environmental damage and the protection of nature and coral, against Alegria’s commercial interests. His decision remained within the boundaries of his ministerial policy discretion and did not give rise to personal liability. The claim against the former Minister was therefore also dismissed.

Managing partner Gerald Simmons-de Jong stated:

“This judgment is important beyond the circumstances of this particular case. Government must be able to rely on its legally prescribed decision-making procedures, especially when dealing with valuable public land or water rights. A strong institutional defense not only protects the Country and its public assets, but also provides necessary protection to present and former officeholders who have acted within their lawful authority and in the public interest.”

The Ministry of VROMI and Country St. Maarten were represented by our attorney and partner Gerald Simmons - De Jong.

The proceedings against the remaining defendants have not yet been finally determined and have been referred to the Court’s docket of October 13, 2026.