WILLEMSTAD – The Court of First Instance has dismissed a legal challenge filed by heritage foundation Fundashon Pro Monumento (ProMo) against a newly issued construction permit for the Pen Resort hotel project in Pietermaai. The ruling effectively clears the way for the large-scale development to move forward. 

ProMo had initiated legal proceedings not only against the project developer but also against the Ministry of Traffic, Transport and Urban Planning (VVRP), arguing that the updated permit for the hotel complex should be halted. However, the court found that ProMo’s challenge was inadmissible. 

According to the court’s summary, the new building permit was granted following a successful appeal by another party against a previously issued permit for the same project. ProMo had also contested that earlier permit, but their case was thrown out at the time because they failed to submit any legal grounds for their objection—despite having full access to the project documents. 

The court emphasized that ProMo had ample opportunity to challenge the original permit but did not follow proper legal procedures. Furthermore, the judges concluded that the new permit does not place ProMo in a worse position than before and that no new evidence was presented to justify reopening the case. 

What’s at Stake? 

At the heart of the dispute is a planned hotel complex on Penstraat in the historic Pietermaai district. The project includes five buildings, a total of 300 hotel rooms, six restaurants, a spa, and a ballroom. The original construction permit was issued by ministerial decree on July 11, 2022. 

While ProMo’s legal attempt was dismissed, a separate appeal by another party was upheld last year. That challenge led to the revocation of the initial permit—but only on the grounds that the ministry had insufficiently justified allowing the building to exceed the 8-meter height limit set by the Island Development Plan (EOP). 

The court has now ruled that the updated permit addresses that concern, and with no new legal arguments presented by ProMo, the foundation’s case does not meet the threshold for review. 

This ruling marks a significant step forward for the Pen Resort project, which has stirred debate over heritage preservation, zoning rules, and urban development in one of Curaçao’s most iconic neighborhoods.