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BIGGS v. VIRGIN ISLANDS BD. OF LAND USE APPEALS

No. 88-3674.

884 F.2d 108 (1989)

Wayne BIGGS and Melba Canegata Biggs v. VIRGIN ISLANDS BOARD OF LAND USE APPEALS. Appeal of TEN KIRKEGADE CORPORATION, Intervenor.

United States Court of Appeals, Third Circuit.

Decided September 7, 1989.

Attorney(s) appearing for the Case

Joel H. Holt (argued), Christiansted, St. Croix, U.S.V.I. for appellant.

Rosalie Simmonds Ballentine, Dept. of Justice, Charlotte Amalie, St. Thomas, U.S.V.I. for appellee Virgin Islands Bd. of Land Use Appeals.

Bruce Marshack (argued), Christiansted, St. Croix, U.S.V.I., for appellees Wayne and Melba Canegata Biggs.

Before HUTCHINSON, COWEN and GARTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

Ten Kirkegade Corporation (Kirkegade) appeals from a final order of the District Court of the Virgin Islands. Kirkegade, as intervenor, had filed a motion requesting that the district court dismiss Wayne and Melba Biggses' petition for a writ of review of a decision by the Board of Land Use Appeals (Board) because of late filing. Kirkegade argued that the July 27, 1988 petition was untimely because...

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