Court of Appeal overturns demolition order for $100 million apartment

The Court of Appeal has overturned a Supreme Court order for the demolition of a $100-million apartment complex at 18 Upper Montrose Road in St Andrew. 

The decision is a win for the developer Martin Lyn, and his two children Melissa and Maxwell, who appealed Justice Judith Pusey's order that was granted in January 2020.

Justice Marva McDonald-Bishop, who was on the panel that heard the appeal case in March 2022, gave the oral judgment this morning. 

The written reasons are to be shared later.

The developers were represented by King's Counsel Michael Hylton of the law firm Hylton Powell. 

Six residents brought the case against them.

They are Sarah Chin-Jen Hsia, Marvin Gordon Hall, Marcus Handal, Una Pearl Witter and Brenda Rose Francis.

Retired Justice Henderson Emanuel Downer, who was the sixth person, died in January. 

Their lead attorney is Emile Leiba from the law firm DunnCox. 

The Supreme Court had ruled that the Upper Montrose Road neighbourhood was a single-family residential area and that the Lyns failed to convince the court that the character of the area had changed to facilitate the multifamily development. 

On March 11, 2020, the Court of Appeal granted an order for the demolition action to be paused until the case was determined.

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