The respondent had started to pull down its existing hotel in order to build a new larger one. The project resulted in the realignment of the existing Trou aux Biches coastal road. The respondent had applied for an EIA licence and submitted an EIA report. The applicants sought an injunction rest raining and prohibiting the respondent from proceeding with road construction on or over natural wetlands and/or undertaking any backfilling of wetlands.

The Court found that most of the works had already been carried out in accordance with the conditions found in the EIA licence. The project had been closely monitored and mitigating measures had been taken during the construction. It was also stated that the National Parks and Conservation Service, responsible for wetlands, had been consulted and had no objection to the project.

The Court thus refused the application as the appellants failed to show the basis of their allegation. An allegation regarding noise pollution was also found to be unsubstantiated.