Sunresorts claims Mullet Bay rights up to the coastline, Govt fights to keep it public

MULLET BAY--Sunresorts Ltd. N.V. is asking the Court of First Instance to declare that its ownership in the Mullet Bay area extends all the way to the coastline (the beach), setting the stage for a major legal battle over public access, beach rights, and control of one of St. Maarten’s most popular shorelines.

The case, heard on Wednesday morning, pits Sunresorts against the Government of St. Maarten and centers on whether the company, as owner of adjacent lands in the Mullet Bay area, can also claim private ownership of parts of the beach and coastal zone.

Sunresorts argues that the Government acted unlawfully by issuing permits, granting usage rights, and allowing third parties to operate businesses on the beach. The company is also seeking court orders to stop the Government from continuing those activities and is requesting substantial financial penalties if the Government fails to comply.

Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) Patrice Gumbs appeared in court on behalf of the Government, which firmly rejected Sunresorts’ claims and defended the position that Mullet Bay Beach forms part of the public domain.

According to the Government, the beaches of St. Maarten belong to the people and are presumed to be public property unless there is clear and lawful proof to the contrary. During the proceedings, the Government argued that Sunresorts has not produced any legally valid title showing ownership of the beach itself.

The Government further maintained that the historical deeds and cadastral documents cited by Sunresorts refer to land adjacent to the sea, but do not establish ownership of the beach area. It also stressed that Mullet Bay Beach has long remained open to the public and has been managed as such, including through the issuance of permits to local entrepreneurs providing services on the beach.

In addition, the Government said it has acted lawfully in regulating and managing the use of Mullet Bay Beach in the public interest, and that there is no basis for the company’s claims of unlawful conduct or damages.

“We cannot let one document set a precedent that would take the most popular beach away from our people and open the door for others to try to lay claim to our shores,” Minister Gumbs said.

The case raises wider issues about the extent of private property rights, the protection of coastal heritage, and continued public access to beaches in St. Maarten.

The Court is expected to deliver its judgment on June 9, 2026.

The Ministry of VROMI said it remains committed to protecting public beach access and defending the interests of the people of St. Maarten.

“Our beaches belong to the people and always will,” Minister Gumbs said.

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