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TAMARIND RESORT ASSOC. v. GOVERN. VIRGIN ISLANDS

No. 97-7020.

138 F.3d 107 (1998)

TAMARIND RESORT ASSOCIATES, a U.S. Virgin Islands Joint Venture consisting of Tamarind Resort Corporation, a Delaware Corporation, Culligan Porsche, Inc., a New York Corporation, v. GOVERNMENT OF THE VIRGIN ISLANDS, Tamarind Resort Associates ("TRA"), Appellants.

United States Court of Appeals, Third Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

George H.T. Dudley, Henry L. Feuerzeig, Charles E. Engeman, Dudley, Topper & Feuerzeig Law House, Charlotte Amalie, St Thomas, U.S. Virgin Islands; Everett C. Johnson, Jr. (Argued), Leonard A. Zax, Mary E. Britton, Latham & Watkins, Washington, DC, for Appellant Tamarind Resort.

Julio A. Brady, Paul L. Gimenez, Gary M. Alizzeo (Argued) Office of Attorney General of Virgin Islands, Department of Justice, Charlotte Amalie, St Thomas, U.S. Virgin Islands, for Appellee.

Before: SLOVITER, STAPLETON and MANSMANN, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

After the Government of the Virgin Islands denied Tamarind Resort Associates ("TRA") a Coastal Zone Management Act ("CZMA") permit in order to develop Hans Lollik Island, TRA brought suit against the Government in the District Court of the Virgin Islands alleging breach of contract, temporary and permanent unconstitutional takings, and violation of TRA's constitutional...

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