By JASMIN BONIMY, Guardian Staff Reporter

jasmin@nasguard.com

The Privy Council has denied the Baker's Bay developers motion to set aside an injunction which brought a screeching halt to work on the multi-million dollar resort.

Developers of the Abaco resort made the announcement yesterday in a press release sent to The Nassau Guardian.

"Passerine at Abaco Holdings Limited, developers of Bakers Bay, advises the public that the Privy Council did not accede to its application to set aside the injunction granted on July 27, 2006, which restrains the Developers from carrying out certain works until after the judgement of Acting Justice, Norris Carroll, or until the Privy Council hears the application by Save Guana Cay Reef Association Limited for special leave to appeal to the Privy Council," the statement read.

It also added that the Council gave no reason for its decision. Still, the Developers maintained that they are awaiting the judgement of Justice Carroll.

Meanwhile, in late July, Fred Smith, Counsel for the Save Guana Cay Reef Association (SGCRA), first broke the news that the Privy Council had ordered the Baker's Bay Developers to stop all physical works on the controversial project until the Supreme Court rules on the case. At the time, attorneys for the Discovery Land Company scrambled to have that injunction set aside.

In July, Mr Smith insisted that the ruling was a major win for the SGCRA.

The Privy Council judgement came in response to a petition, which named Cabinet Secretary Wendell Major, the minister responsible for Crown Lands, in its action.

"This is a matter of great public importance for the future of The Commonwealth of The Bahamas," a section of the petition read. "Although it is a matter which focuses on a small Cay in one of the Family Islands of The Bahamas, Great Guana Cay in the Abacos, it affects the lives of many other communities throughout the Bahamas where identical challenges have arisen."

According to Mr Smith, the association sought leave to appeal against a Bahamas Court of Appeal decision on May 8, releasing the Baker's Bay developers from an undertaking to stop work at Guana Cay.

Following the Supreme Court ruling that month, the developers started work again on the controversial project.

The Guana Cay case in the Supreme Court had wrapped up from February but five months later, Justice Norris Carroll of the Supreme Court in Freeport has yet to issue his ruling.

With an initial investment of approximately $20 million, the Passerine Partners are proposing to build the resort/residential complex, which they say will include a 75-room luxury villa-style hotel and associated amenities, a first-class 240-slip marina, an 18-hole, 585-acre championship golf course, 350 residential lots and many other luxury facilities.