There was one parcel which was absolutely essential to the Summers End marina project, and without it the project would be impossible.  This parcel, known as “Parcel 13 Remainder”, is the site of the “Coccoloba Plaza” shopping center.  The parcel was essential to the marina because it included most of the shoreline that was critical to secure the water rights for the marina.

SEG had entered into a purchase agreement with the Phillips family (owners of Coccoloba) several years earlier, around 2013.  That agreement was modified to extend the closing date on several occasions, and by April 2018 the Phillips family had had enough.  A lawsuit was filed in United States District Court in an effort by the Phillips to clear their title and regain control of their property.  Summers End vigorously opposed since loss of Coccoloba would mean the end of their project.

After several years of motions, countermotions, depositions and conferences, the case was scheduled to come to trial before Judge Molloy on February 27, 2024.  Based on the email record between Chaliese Summers and the Army Corps reviewer (Ms. Samantha Burns) it appears that SEG was under tremendous pressure to demonstrate that their Army Corps permit would be approved imminently and presumably this would weigh in their favor in the upcoming trial.

In the time period between Jan 1, 2024, and Feb 23, 2024, Chaliese sent at least 20 emails to Samantha Burns asking about the “status of NMFS” consultations and a “30 day clock”.  Chaliese was referring to the “expedited informal consultation” under the Endangered Species Act, hoping to have that completed before trial.  Here is an excerpt of those emails – reaching an intensity of sometimes twice per day in the days before the trial:

Needless to say, in spite of Ms. Summers’ relentless requests, no decision was made by NMFS on the Endangered Species Act consultation prior to the trial.  In fact, as of September 2025, NMFS has still not completed consultation on the Summers End request, 20 months after Chaliese’s plaintive pleas to “start the 30 day clock.”

Following the trial, and before a decision was handed down by Judge Molloy, Summers End went into a mad scramble to find financing to purchase Coccoloba before risking losing the case and the property.  On June 17, 2024, Summers End filed additional documents with the court, demonstrating available funding provided by “Island Investco” to complete the purchase of Coccoloba from the Phillips family, for approximately $4.5 million.

Summers End closed on the purchase of Coccoloba Plaza on July 15, 2024, with the deed recorded in the name of the Summers End Group LLC.  However, shortly after the closing Summers End recorded a mortgage agreement with “Island Investco” (Tim Litel), in the amount of $4.6 million, payable by July 30, 2028.

In the next chapter we’ll look into the SEG/Litel connection and the involvement of a US Congressional Representative from Baton Rouge, Lousiana.  This will have direct implications on the final outcome of the Virgin Islands CZM Permit in August 2025.