(CMR) Rogue neighbors, Wilson Jonathan Mendoza and his wife Deaven Ann Mendoza, have been threatened with being jailed, fined or have assets seized if they continue to block the access right of way on Lissa Lane in Boatswain Bay, West Bay. The injunction was issued by Justice Walters, Acting Grand Court Judge during an emergency hearing on Thursday and signed earlier today.
The family appears ready for a showdown with the Grand Court and police as the access point remains partially obstructed with foliage.
It appears the upper hand that the Mendoza couple has enjoyed for the better half of five years is finally being stopped by the court. Injunctive relief was originally filed in November 2020. However, the Adam family had instructed their attorney to hold off on proceeding with the injunctive relief in hopes that there was still some amicable option available to them outside of legal action.
In the meantime, the Mendoza family dragged the entire Adam family to court after a criminal complaint was made for common assault against three members of the Adam family who exchanged words with Wilson Mendoza. At the conclusion of that trial in December Magistrate Phillipa McFarlane instructed all parties to keep the peace and further commented that this was the type of situation that destroyed lives. She also encouraged the parties to seek mediation.
Despite the strong verbal warning from the court, Wilson Mendoza began blocking the roadway again in early February. On February 6, 2022 he sent an email to his neighbors and their attorneys, the police, and prosecutors from the Office of Public Prosecution that he intended to block the registered vehicular right of way on Lissa Lane.
On the evening of Wednesday, February 9 he began instructing a worker to repair a gate for him he used to previously block access. The elderly coupled noticed the activity and contacted the police. However, Mendoza informed the police, contrary to this threatening email, that he was merely “fixing the gate”. They then left the location.
Once the repairs were completed the following day Mendoza had the gate pulled across the block the road and single access to the Adam family home. Mendoza has also placed two wooden poles and a chain across the entrance of the registered vehicular right of way to block access which he secured with a padlock. He also used his Toyota SUV and cement blocks to prevent right of way access.
He was video taped using a wheelbarrow to transport the cement block used to block it even further.
The court injunction prohibits him or anyone acting on his behalf from “restricting, preventing, or otherwise interfering with the Plaintiffs' reasonable enjoyment of such right of way.” It also compelled them to remove “all obstacles and obstructions, including but not limited to, all boulders, rocks, vehicles and posts from the said easement so that it can remain clear of all obstacles at all times.
He began removing the boulders on Friday following the hearing. However, by Friday night he ignored the order and closed the gate again.
It also made clear that if they breach the order they may be sent to prison, fined or have assets seized.
The Nationals Roads Authority has started the process of making the road a public road under government control. However, Mendoza and several others have sued the Cayman Islands Government claiming that the current procedure was not followed and the government contravened their human rights. They lost the case in Grand Court and have appealed it to the Court of Appeal.