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LAVALLEE NORTHSIDE CIV. ASS'N v. VIRGIN ISLANDS COASTAL ZONE MGT. COMMISSION

Nos. 88-3247, 88-3593.

866 F.2d 616 (1989)

LaVALLEE NORTHSIDE CIVIC ASSOCIATION and LaVallee Village Development Assoc., Inc., Appellants in No. 88-3247 v. VIRGIN ISLANDS COASTAL ZONE MANAGEMENT COMMISSION, Appellee in No. 88-3247. LaVALLEE NORTHSIDE CIVIC ASSOCIATION, and LaVallee Village Development Association, Inc., Appellants in No. 88-3593 v. VIRGIN ISLANDS BOARD OF LAND USE APPEALS, Appellee in No. 88-3593.

United States Court of Appeals, Third Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Bruce Z. Marshack, (Argued), Law Offices of Britain H. Bryant and Associates, P.C., Christiansted, St. Croix, U.S.A. V.I., for appellant LaVallee Northside Civic Ass'n.

Richard Austin, (Argued), Legal Services of the Virgin Islands, Inc., Christiansted, St. Croix, U.S.A. V.I., for LaVallee Village Development Ass'n, Inc.

Winston A. Hodge, (Argued), Law Offices of Winston A. Hodge, P.C., Christiansted, St. Croix, U.S.A. V.I., for Reflection Bay Joint Venture.

Richard O. Baker, (Argued), Asst. Atty. Gen., Godfrey R. de Castro, Atty. Gen., Rosalie Simmonds Ballentine, Sol. Gen., Susan Frederick Rhodes, Asst. Atty. Gen., Dept. of Justice, Charlotte Amalie, St. Thomas, U.S.A. V.I., Ronald W. Belfon, Virgin Islands Coastal Zone Management Com'n., Charlotte Amalie, St. Thomas, U.S.A. V.I., for appellees.

Before GREENBERG, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In these consolidated appeals we decide that the district court properly required residents opposing the issuance of a Virgin Islands Coastal Zone Management Act permit to exhaust administrative remedies before petitioning for judicial relief. Consequently, in that first case we will affirm the order of the district court. However, we will reverse the ruling that the plaintiffs' filing of their timely district court...

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