The Bangkok Supreme Administrative Court has given residents of the Jomthien Complex Condotel an important victory in their efforts to stop construction of a high-rise condominium on Jomthien beach. Residents say the construction would block their sea view and violates a Interior Ministry regulation. The 1.15-billion-baht View Talay Jomthien Project 7 would soar 27 storeys or some 81 meters. At present, the project is only at the foundation stage.

In making its decision, the Court sided with an April ruling by the Administrative Court in Rayong. A final hearing on the dispute is slated for next Wednesday, August 8, in the Rayong court.

Residents of Jomtien Complex say that they now enjoy "real magnificent sea views." One resident expressed being "pissed off" over the possible loss of view as well as property value. Many residents say they have considered moving, fearing that they will lose millions of Baht in property value. They say that the new projection should never have started in the first place.

According to Richard Haines, one 10 plaintiffs in the case, the focus of the case is the Interior Ministry’s regulation number nine, dating from 1979. The regulation limits the height of buildings located in areas 200 meters from the mean sea level to no more than 14 meters.

Plaintiffs say that buildings may not exceed 14 meters in height. About six stories, on the present location because it is less than 200 meters from the mean sea level. “'View Talay started its 27-storey building at 100 meters from the mean sea level,” says Haines, “so the project is 100 meters too close to the shoreline.''

The project’s developer, View Talay Jomthien Condominium (1999) Co Ltd, argued before the Supreme Administrative Court that halting construction on the project would results in damages to the company of some 500 million baht.

At the time of the Rayong Court’s injunction stopping construction in April, the company says that it had already spent some 100 million baht on the project. Before the injunction, the company had expected to complete construction in 2009. On this basis, the company appealed the Rayong court’s decision to the Bangkok court but without getting its way.

While plaintiffs celebrated their second court victory in court, Pattaya property professionals were divided in their opinions about the future of the project. Said one local real estate agent, “View Talay 7 will be built in time – believe it or not.” Residents of Jomtien Complex Condotel would be quick to differ.

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It will be over turned. Money talks.

The developers are almost certain to prevail in the end, but if they do not it would indicate a sea change in Thai law, both figuratively and literally.