MONTEGO BAY, St James — Well-known Montego Bay businessman and restaurateur Milton Russell is challenging a court ruling to cease operations and demolish what has been deemed unauthorised sections of his popular Snappaz Seafood Grill and Sports Bar, saying he is prepared to fight the matter all the way to Jamaica’s final appeal court.

“I have instructed my lawyer to appeal the judgment because I just don’t understand it. If I lose, I am going to the Privy Council,” Russell told the Jamaica Observer.

The court, in its ruling handed down late January, determined that Russell had breached the Planning Act, the Town and Country Planning Development Order, 1982, and the Town and Country Planning Provisional Development Order 2018 in relation to development of the property at Kent Avenue.

He was ordered to cease all operations on the property, demolish all unauthorised buildings and restore the buildings to their original conditions by February 21, 2026, barring which the St James Municipal Corporation, the plaintiff in the matter, can effectively take matters into its own hands to address the situation at cost to Russell.

Russell told the Observer that he has lived at the site for 35 years and 20 years ago he started the restaurant at the behest of friends who attended Cornwall College with him.

Since then, the business has grown into one of the premier spots for food along the north coast, attracting locals and visitors alike.

He said sometime ago he was informed of a breach, in part, because of the height of the building.

“I told them that I was willing to remove the breach, but they are not just after the breach, they want to knock down the place,” he charged.

“At every hurdle that I agreed to, they moved the goalposts a little bit. So if I am in breach, I told them in court that I would take off the roof,” he added.

According to information coming from the municipal corporation, the height of the building had created a challenge to flights departing the nearby Sangster International Airport.

However, according to Russell, what has not been explained to him, neither in court nor in any other form, was what height requirement he has breached.

“What I would want to know, what is the height restriction; nobody can’t tell me what’s the height restrictions where they said that I am in the flight path and my building is too tall, no one in court or anybody can tell me what is the height restriction,” he said.

The Jamaica Civil Aviation Authority (JCAA) governs building height restrictions near airports, based on International Civil Aviation Organization standards, to maintain what are called safe obstacle limitation surfaces. While specific height caps vary by location, any high-rise construction — typically over four stories — near airports must receive clearance from the JCAA to avoid being classified as an aviation hazard.

According to the St James Municipal Corporation, in January 2021 a stop and enforcement order was served on Russell and Snappaz for the construction of a structure as no building permit had been granted. At that time, Russell was given 10 days to return the property to the original state.

However, in a follow-up inspection in August that year by a building officer, it was reported that operations were still proceeding at the establishment.

Russell said he has sought to regularise his business in line with the relevant guidelines by submitting a floor plan.

However, the former councillor in the St James Municipal Corporation believes he is being targeted and is wondering why.

“I don’t know what the genesis or the reason for this is, but to take it a step further they are seeking an injunction to prevent me from operating, saying that I am operating in contravention of the covenant of the area. They say that I am operating a restaurant in an area zoned a residential area,” he told the
Observer.

According to Russell, that area has, over the years, become a thriving mix of residential and commercial enterprises, making it a space where both groups exist in harmony.

“There are many other businesses that operate here and this is in fact an area that, possibly, if there is a zonal issue, then that needs to be changed because, look around you,” he said.

Russell explained that if his business is closed it would create great difficulties for him and more so his employees.

“I have 47 employees. Multiply that by the number of people in a family and you’ll see the number of people impacted.

“Our seating capacity may be right now close to 300. We are a community-conscious business, we are community-oriented. I am here to operate not only for myself but to help the community,” he said, arguing that the restaurant contributes in various ways to the lives of children and adults.

He gave as an example his gesture to the community after Hurricane Melissa slammed into that section of the island on October 28 last year.

“Because I was aware of my responsibility I opened up the entire restaurant to the entire community. They came here every day. I provided free Internet for the community, I got [American singer and actor] Tyrese Gibson and Stacy Chung, when he was here, to donate a Starlink. The whole community has Wi-Fi access, it’s on my building there,” he said, pointing out that he pays for the service monthly.

He said he has lived most of his life in the community and the current development has hit him hard as he is currently having health issues.

“I am having sleepless nights over it, and talking about it today I was in tears because I can’t fathom what I have done to anybody to deserve this when the culture and the history of the community suggest that this is an area which is a unique situation,” Russell told the Observer.

Despite his anguish, the retired accountant said that he is in dialogue with the chairman of the municipal corporation to determine what can be done at that level to address the issues highlighted.

“I’m big on partnerships. I am in dialogue with the mayor, and the mayor has given a commitment to look into the matter to see if he could get me regularised,” Russell said.