We already documented the clear violation of CZM Regulations by the Summers End Group when they filed a permit application without demonstrating that they had the irrevocable authority from all land owners to perform the development described in the permit application.  Additionally, they had not secured the signature of all landowners on the permit application – as required by law – and in fact did not have A SINGLE SIGNATURE from any of the owners of the seven parcels.

We mentioned that the two central parcels – where the abandoned “Voyages Building stood – were owned by Merchants Commercial Bank following a foreclosure proceeding years earlier.  And we mentioned that Merchants bank only provided a limited power of attorney, which expired in December 2014.

By December 1, 2014, when the Limited Power of Attorney automatically expired, the Summers End Group had made no real progress in permitting, since the Legislature refused to ratify and the BLUA appeals had stayed the CZM permits, and an Army Corps permit had not been fully submitted and accepted by the Corps.  This would not be the last time that the Summers End Group allowed a key legal document to automatically expire.

So it should have come as no surprise, to anyone, that once the Power of Attorney expired in December 2014, Merchants Bank decided to list the two Voyages Buildings for sale.  And in October 2015, the bank listed the properties for sale.  In May 2016, Paul Sabers purchased the two parcels which had been the centerpiece of the Summers End Marina, throwing a major wrinkle into their ill-fated plans.

It took some time for SEG to accept this loss.  They attempted to convince Mr. Sabers to join their venture, however Sabers would have nothing of it, realizing the absurdity of the SEG plans and their total lack of marina experience.  After repeated pressure from the seller (Merchants Bank) and the new owner (Sabers), Summers End was forced to notify the Army Corps that the two central parcels of their marina project were no longer part of the plan.

However, and this is critical, while admitting to the Corps that their plans would require major modification, SUMMERS END NEVER NOTIFIED CZM OF THE NEED TO MODIFY THE PERMITS.  This would ultimately result in major setbacks for SEG, and followed in their pattern of avoiding compliance with CZM at all costs.