Pelican Eyes closed?

Back in 1995-1999 a group of gringo investors bought a big hunk of land on the bay and built a big seafood processing plant fully operational and ready to go until they found out they didn't own the property and lost the whole works.....

i tried the translation, and am still awfully confused. i got an email from chris that seemed to say things had settled down, but that was last week; this nuevo diario article is dated today, so now i wonder if things really are settled. i remember sending through translation an article about land and since the article talked about manzanas, there were loads of references to 'land apples' - i was scratching my head wondering what that was all about until i realised this was literal translation -and hence the 'german' when referencing the Fat Man. gotta love this stuff....

It's a pity that the wrong gossip can be chanelled so rapidly and incorrectly and as a resident in Nicaragua, I can only attest that we do live in a gossip-driven society here, I never thought that an expat or visitor (in whichever category the author is) would be the instigator of this.

I am writing this email to help alleviate concerns regarding the recent eviction action commenced by a party representing the Sandino family against the developers in the area of San Juan del Sur.

First, it should be emphasized that all are working together diligently to resolve the issue without financial or property loss to anyone, the support has reached all the way to friends and colleagues all over Nicaragua and Central America for that matter.

To clarify: the Supreme Court decision was entered a month or so ago as the end result of a long standing dispute between the Sandino family and a third party. Apparently there was a forged Power of Attorney involved that allegedly conveyed Sandino titles to third parties. The Supreme Court decision was entered which stated that any deeds that he received as a result of the forged Power of Attorney were null and void. The court order said that he should give back the possession of the land to the Sandino family. The litigation was solely between the third person and the Sandino family. The litigation did no address the issue of who had title to the land.

This is a case where the Supreme Court decision could lead the police or military to believe that they could evict someone, but this act would not be legal. The title holders of the land were not a party to the litigation, there was no due process as to them and there was no finding of title in the Supreme Court decision. Regardless of legality, an eviction did take place, however, not at Pelican Eyes.

The support of the workers and townspeople has been very moving. The police have been directed not to participate. The judges have been directed not to act. The path has been cleared for a counter judgment to be issued declaring the first one null and void and creating, such is possible in this legal system, a precedent against future actions and guaranteeing all the titles.

I hope the author of that first message does not jump to such a platform of readers if (s)he has not even taken a closer look at the real situation.

To conclude: Pelican Eyes has never been closed and all owners of all villas and lots never have had restricted access to what is theirs.

I am the marketing representative for Pelican Eyes...Piedras y Olas in San Juan del Sur. This last email is blatantly wrong.

YES, there have been some tense legal happenings throughout San Juan del Sur this week.

NO, Hotel Pelican Eyes...Piedras y Olas is not closed, nor has any owner lost their land.

YES, there are security guards at Pelican Eyes, as there are every day. We have a robust security team that works year-round to protect our visitors, our guests, our owners, our employees and our land.

NO, owners at Pelican Eyes are not being prohibited entry to their homes or their land - and never were.

NO, this legal situation in San Juan del Sur is not specific to Pelican Eyes. Several other developers and local land owners were all involved.

YES, there was a court case that created some question around property rights in the Lomas de Sandino (the hills surrounding San Juan del Sur). The facts of the case are under dispute and the issue is being quickly resolved. The current landowners in this region are and remain the owners of their land. Chris Berry and the owners at Pelican Eyes are in possession of their land, as they have been for many years, and the hotel is open.

NO, there is no cause for speculation and wild rumors. While this legal situation was unfortunate, it was also ill-founded and the facts will prevail. In fact, there are positives to this situation in that representatives throughout the country, including the tourism board, minister of tourism, the local mayor, investment groups, local residents, political officials and others are now seeking to strengthen property laws for the future. The group in San Juan del Sur is a large part of making this happen - and the entire community is involved. This is important for San Juan del Sur and for all of Nicaragua and its future growth and development.

Please do not spread rumors or untrue facts. It is unfair to the parties whose livelihoods are at stake and to the entire community of San Juan del Sur. This is a vibrant and growing community and one that is interdependent on one another.

- D. Reid, Pelican Eyes...Piedras y Olas