WEST INDIAN CO. v. GOVERNMENT OF VIRGIN ISLANDS

Civ. No. 1986/293.

643 F.Supp. 869 (1986)

The WEST INDIAN COMPANY, LIMITED, Plaintiff, v. GOVERNMENT Of the VIRGIN ISLANDS, Defendant, and the Legislature of the Virgin Islands, Helen W. Gjessing, Individually and as President of Save Long Bay Coalition, Inc., Leonard Reed, Individually and as President of Virgin Islands Conservation Society, Inc., Kate Stull, Individually and as President of League of Women Voters of the V.I., Inc., Lucien Moolenaar, Individually and as President of Virgin Islands 2000, Inc., and Ruth Moolenaar, Individually and as Director of the St. Thomas Historical Trust, Inc., Intervenors.

District Court, Virgin Islands, D. St. Thomas and St. John.

September 3, 1986.


Attorney(s) appearing for the Case

Maria T. Hodge (argued), St. Thomas, V.I., Sanford C. Miller, New York City, for The West Indian Co., Ltd.

Rhys S. Hodge (argued), St. Thomas, V.I., for Legislature of the Virgin Islands.

Alexander A. Farrelly, Birch, deJongh & Farrelly, David A. Bornn, Edith L. Bornn, Judith L. Bourne, Benjamin A. Currence, Pallme & Mitchell, Veronica J. Handy, Stedmann Hodge, Brenda Hollar (argued), Aurelia Rashid (argued), Birch, deJongh & Farrelly, Denise Reovan, Law Offices of Desmond Maynard, St. Thomas, V.I., for intervenors Gjessing, et al.

Hiram Abiff Rasool, Jackson Ins. Agency, St. Thomas, V.I., amicus curiae.


MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

For 73 years The West Indian Company, Limited has had rights of reclamation in the principal harbor of St. Thomas. These rights were preserved in the 1917 treaty between Denmark and the United States whereby the Virgin Islands became a United States possession. They have been conceded and accepted by every territorial elected governor, their attorneys general, and two separately elected territorial...

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