This is a business that began in the early 1980s. The company Port Lisa, a subsidiary of the Bialac group, owns a set of land in Saint-Martin and in June 1981 signed a memorandum of understanding with the prefect of Guadeloupe and the municipality of Saint-Martin in order to carry out "a real estate tourist program as part of the economic and social development of Saint-Martin".
Specifically, SA Bialac-France intends to restore the Belle Créole, create 150 additional rooms and open a casino. She also wants to build a marina comprising 750 houses in a tourist complex like Port Grimaud, fit out tennis courts, a beach as well as build two 300-room hotels in the Nettle Hill sector.
The company obtains the approval of the municipal council in March 1987 whose stated objective is to create a concerted development zone (ZAC), for the construction of the marina and its complex. In November 1988, the elected members of the municipal council concretized their will by voting for the creation and the realization of the ZAC and conceded the management of the marina to the company Port Lisa SA. The mayor then signs with the Port Lisa company a concession agreement for the creation and operation of the marina for a period of 50 years. The prefect of Guadeloupe also issued an order to that effect in October 1989.
The mayor issued a first building permit in April 1989 to build a set of seven buildings comprising 72 dwellings for housing on 13 square meters. As the work does not start, the permit will expire but the mayor will grant a second one in June 740.
Ten years later, SA Port Lisa files a new application for a building permit to carry out a building comprising 24 dwellings for housing on an area of 2 m². But the mayor will this time refuse him the permit in June 027.
The company then seizes the administrative court to ask it to annul the decision of the mayor, which it will obtain in December 2011. The administrative court will also ask the COM to re-examine the file.
The COM appealed, but its request was rejected by a judgment of the administrative court of appeal of Bordeaux in October 2013. An appeal in cassation was formed by the COM but it ends up being withdrawn.
In June 2015, the territorial council decided to classify more than 4 hectares of the 23 belonging to the Bialac company in an unconstructable natural zone and to reserve the use of the remaining surface for the construction of hotel projects only, any construction for the use of dwelling being excluded; a decision which thus calls into question the Port Lisa project.
In this context, on December 26, 2017, the company Port Lisa SA sent COM a prior indemnity claim in the amount of 13 euros. She wants compensation for the damage that the COM caused her in, in particular, having refused her the building permit in June 657, by having breached her contractual obligations and abandoned the ZAC project. She seized the administrative court again in June 316 so that he asked the COM to pay her the approximately 2002 million euros.
The case was examined on January 23 last in Saint-Martin.
If the refusal of a building permit indeed constitutes a fault and is likely to engage the responsibility of the community, if the COM has made errors, the administrative court does not however recognize any “identified damage which would be causal sufficiently direct and certain with the refusal of an illegal permit and the absence of re-examination of its request for a building permit, for the company Port Lisa ”.
The court also argued that the Port Lisa company had a first permit and then a second building permit and that it never started the work. "The company has therefore remained inactive for ten years and moreover specifies in its documents that it has never sought planning permission since 2002 on the grounds that it was certain to be refused by the common. Under these conditions, the passivity observed by the company over such a long period, and its absence of any steps to relaunch the ZAC project reveal a refusal to respect its contractual obligations because it did not launch the program as she had acted on it, nor carried out the equipment provided for under her charge, ”notes the court.
Concerning the concession of the marina, the company Port Lisa "confines itself to maintaining that it suffered a loss without detailing it and without explaining how it was unable to start the execution works while the concession port is independent of the development ZAC. There is therefore an absence of causal link ”, also specifies the administrative court which, in its decision rendered on February 11, rejected the company's request.
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