By Barbara Gayle, Staff Reporter

PORTMORE RESIDENTS yesterday filed a suit in the Supreme Court seeking orders to bar the government from implementing any toll for the use of the Portmore Causeway. They are also seeking an order to prevent the government from demolishing the Hunts Bay bridge.

The Portmore leg of Highway 2000, which is to be opened early next year, has been the centre of controversy between the government and the residents. The citizens charge that they should not be required to pay any toll or use any alternative route.

Attorney-at-law Oswald James, who filed the suit, said by today he should get a date for the hearing of the matter.

SUITS FILED

Several Portmore residents and James Robertson, Jamaica Labour Party deputy leader in charge of Area Council Two, waited outside the Supreme Court while Mr. James filed the suit. Mr. Robertson said he was supportive of the residents and the councillors of the area.

The residents are contending that the implementation of the toll for the use of the causeway will constitute a breach of their constitutional rights guaranteed to them by Section 18 of Jamaica's Constitution. They have outlined in the claim form, the economic hardships they will face if the government is allowed to go ahead with its plans.

It is the residents' contention that the proposed toll will constitute an oppressive and arbitrary economic rent upon them. They say the implementation of the proposed toll will negatively affect their rights to have the peaceful and quiet enjoyment of their properties and have described it as a breach of their constitutional rights.

The residents are seeking a declaration that the implementation of a toll for the use of the causeway and any bridge constructed over the Kingston Harbour is a breach of their constitutional rights.

PRESCRIPTIVE RIGHTS

They are asking the Supreme Court to rule that by virtue of their constant, open and notorious use of the road for a period in excess of 20 years, they have acquired prescriptive rights to the road under Section 1 of the Prescription Act.

Five of the residents, namely Natalie Campbell, Rodriques, Valrene Bennett, Andrew Wheatley, Anton Young and Keith Blake, have filed the suit in which Attorney-General A.J. Nicholson is named as the defendant.

They claim that although the Nelson Mandela Highway is suggested as the alternative route, that option is twice longer than causeway route to the city. They say the causeway from their community to Marcus Garvey Drive is eight kilometres while the Nelson Mandela Highway route to Marcus Garvey is 17 kilometres long.

The residents say the ability to save time and motor vehicle operating costs and public passenger charges will increase if they have to travel along Mandela Highway.