PHILIPSBURG – Mullet Bay Beach, one of Sint Maarten's most iconic beaches, will remain public property following a landmark court ruling that rejected a private ownership claim by resort developer Sun Resorts.
The dispute centered on whether Sun Resorts owned the popular stretch of white sand based on an 1852 deed through which it argued the beach had been legally acquired.
However, the court ruled that under longstanding legal principles, beaches have historically belonged to the public and could not legally have been sold as private property. As a result, the court determined that Sun Resorts is not the owner of Mullet Bay Beach itself.
While the company lost its claim to the beach, the court confirmed that Sun Resorts does own the land located behind the shoreline.
The ruling also criticized the Government of Sint Maarten for leasing portions of the area to beach bars and other businesses over the years. According to the court, those leases were granted unlawfully, and the government has now been ordered to stop renting those parcels to third parties.
Despite the legal dispute, Sun Resorts has announced plans to move forward with a comprehensive master plan for the Mullet Bay area. Working together with architecture firm Lyongo, the company aims to develop a vision that balances private property rights with the emotional, cultural and recreational significance that Mullet Bay holds for the people of Sint Maarten.
The Mullet Bay property has also played a prominent role in the long-running Ennia insurance saga.
The Central Bank of Curaçao and Sint Maarten (CBCS) previously disputed the valuation of the Mullet Bay property with former Ennia majority shareholder Hushang Ansary. The land had been carried on Ennia's books at an estimated value of US$460 million.
According to the Central Bank, that valuation was significantly overstated, contributing to a substantial financial shortfall at Ennia. The dispute over the company's assets was one of the factors that led to the insurer being placed under emergency supervision by the CBCS.
Since then, the Ennia Group has undergone a major restructuring as authorities continue efforts to stabilize the insurance company and protect policyholders.
The court's decision settles a long-standing legal question over ownership of one of Sint Maarten's best-known beaches while reaffirming the principle that the island's beaches are held for public use rather than private ownership.