Ramble residents drag cemetery developer to court

[Lazie]

Residents of Ramble, Hanover have made good on their promise to go to the courts in their bid to stop the development of a cemetery in their community.

The Ramble Community Development Committee Thursday filed an application in the Supreme Court for leave to seek a judicial review on the matter.

The Community is also seeking an injunction against Developers of the cemetary, Delapenha's Funeral Home, the National Environmental and Planning Agency and the Attorney General.

The court application came after weeks of fiery protests and stormy meetings between residents, the police and environmentalists.

Those meetings failed to end a stalemate over burials at the cemetery.

The residents are worried that burials at the cemetery could compromise a nearby water source.

[TDowl]

How good of you to raise this dead story again, even if the article is not in full.

[Mosiah]

That's how it's done (even though I think our courts are far from being bastions of justice), but di lynch mob, ignorant ting wasn't cutting it.

I hope they are successful. It would appear that the Delapenhas didn't have a problem floating the dead.

[Mosiah]

How good of you to raise this dead story again, even if the article is not in full.

Classic!

[TDowl]

Read this from the Gleaner:

Ramble residents raise cemetery issue in court
published: Friday | March 7, 2008

Richard Morais, Gleaner Writer
WESTERN BUREAU:
Members of the Ramble Community Development Committee (CDC) have secured legal backing in their bid to prevent the development of the Royale Rest Cemetery in Burnt Ground, Hanover.

The CDC yesterday filed an application in the Supreme Court for a judicial review of the case. It was brought on the instructions of Public Defender Earl Witter to attorneys-at-law Lord Anthony Gifford, QC, and Helene Coley-Nicholson.

"(The application) is to bring proceedings for judicial review as well as an injunction against the National Environment and Planning Agency (NEPA), Delapenha's Funeral Home Limited and the attorney general in order to stop the development of the cemetery," read a statement from the office of the public defender.

Witter said he issued the instructions because of "the issues involved, the likely or probable infringement of the constitutional protection of the right to life and the enjoyment of property of a large number of citizens living in the area".

Witter said that, with the action, he was encouraging reliance on the rule of law, and discouraging the practice of addressing grievances with street demonstrations.

No communication
When contacted, Dale Delapenha, managing director of Delapenha's Funeral Home - operators of Royale Rest, and sitting Jamaica Labour Party councillor in the St James Parish Council, said he had received no communication concerning such an injunction.

"It is a good thing as it (the development) affects 36 communities, and the water go all the way to Negril, Westmoreland," said resident Keith Wilson of Chester Castle in Hanover, who was overjoyed at news of the court action.

Over the past six weeks, there have been numerous demonstrations and confrontations between the police and residents opposing the development and burial at the cemetery. They contend that the chemical formaldehyde - used to embalm bodies - poses a risk to their water supply.

They also contend that the consultants who conducted the environmental impact assessment, following a stop order issued in July 2006 by then Minister of Local Government and Environment, Dean Peart, failed to hold meetings in the community as promised. They said the consultants also ignored the evidence, which the CDC had presented, that showed that there was an aquifer below the cemetery which feeds water into the spring. The public defender's statement also noted that "in November 2007, Minister of Health Rudyard Spencer, revoked the stop order and, on January 22, 2008, NEPA issued a further permit, which allowed burials to proceed

[Mosiah]

Let me preempt the verdict and say - lack i dung!

[Baddaz]

sounds good to me... lack-i-dung... 2 weeks ago a farina tell me dat it should not be allowed because of the possible contamination of water supply... him sounded like him was an engineer with some knowledge of de situation in ramble...

him seh someting like dis... whenever construction remotely threatens the water supply, the gov't should ALWAYS err on the side of protecting the water supply of the citizens...

lack dung it bombcl@@@t and investigate the agency that authorized the cemetery for any wrong doing... tuh much a dem effry deh a gwaan widout no regard for de people's health and well being... just suh a few can line dem pocket...