An intriguing court battle is shaping up between the Government and Charley’s Windsor House Limited, which is pushing to build a gas station at 9 Herb McKenley Drive in St Andrew, despite concerns it would be an “undesirable intrusion”.
Last month, the Supreme Court granted Charley’s permission to get a judicial review of the Holness administration’s decision to deny the application to construct the service station and a convenience store on its property.
Justice Kirk Anderson ruled that the company had established that it has arguable grounds for a review, with a “realistic prospect of success”.
A judicial review allows the court to determine whether the procedures used by an authority to arrive at its decision were fair.
The judge favourably considered Charley’s claims that, among other things, the residential area was rezoned for commercial use and the lack of reasons provided for the dismissal of an appeal heard by Daryl Vaz when he was a minister in the Office of the Prime Minister.