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Resort appeals against lease ruling

A court report in Tuesday's newspaper incorrectly stated that Roberta Trott owns a home in Baltimore. In addition, Mrs. Trott says she has a lifetime tenancy of a St. James Court condominium but does not own it.

Cambridge Beaches went to court yesterday to try to overturn a ruling allowing the widow of a former president of the resort to live in a cottage in the grounds of the property.

A Puisne judge ruled last year that Cambridge Beaches should draw up a lease -- thought to be for five years -- for Roberta Trott for All Spice Cottage, which she shared with her former husband Thaddeus Trott, who died in 1997.

At the hearing last year, Puisne Judge Norma Wade-Miller also rejected a bid by Cambridge Beaches, and the property's owner, the Frascati Hotel Company, to recover $224,856 in lost rent revenue for the cottage.

But lawyers for the West End cottage colony argued at the Appeal Court level yesterday that the ruling should be overturned.

They said no contract had been concluded with Mr. Trott before he died to ensure a lease for his widow.

Narinder Hargun, who with Christian Luthi is representing Cambridge Beaches, said that shortly before his death, Mr. Trott said he did not want to proceed at that time with the proposed new lease for his wife because he had more pressing matters.

"At its highest, all that is happening is that Mr. Trott is in negotiating mode,'' said Mr. Hargun.

"There is the evidence of (Cambridge Beaches President Michael) Winfield that it wasn't a case of a lease being signed.

"The case goes downhill, because the evidence is that prior to his departure for Canada, Mr. Trott was asked if he wanted to proceed with the lease at that time, and he said there were more important matters for his time.

"It is clear that there is no concluded agreement because he does not want to proceed. Nothing happened after that date to improve the situation as far as Mrs. Trott was concerned.'' Mrs. Trott, who has homes in Baltimore, Maryland, and St. James Court, Smiths, was arrested at the Cambridge Beaches pool in 1999.

The resort also obtained an injunction against her that year, which was believed to be in connection with hedges being cut around the cottage.

Mrs. Trott's lawyer Georgia Marshall argued that Mr. Trott was in a complicated position because as chief executive officer of Cambridge Beaches and Frascati, he frequently "talked to himself'' when making agreements.

She said that in May 1997 he decided not to proceed with the lease because agreement was made in his will for his wife to live at St. James Court.

But she said that Mr. Trott "made a verbal agreement with himself'' as CEO of Frascati and Cambridge Beaches to provide an agreement to lease the property to his wife after he died.

"The evidence was that this gentleman had the habit of talking to himself (when making agreements),'' said Ms Marshall.

Mr. Justice Clough interjected: "This was an autocratic gentleman who gives decrees. Every time he wants to do what he likes, he is talking to himself, making a contract, you say.'' The hearing before Appeal Court President Sir James Astwood, Mr. Justice Clough, and Mr. Justice Worrell continues today.

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