MILLER PROPERTIES, INC. v. GOVERNMENT OF VIRGIN ISLANDS

No. CIV.2001-151, CIV.2001-181, CIV.2001-228, CIV.2002-057.

313 F.Supp.2d 524 (2004)

MILLER PROPERTIES, INC., Robert Schmidt, Kim Holdsworth, Robert Schmidt Development Corporation, Dori P. Derr, Elisabeth Sharp, Lindon Corporation and Gordon L. Coffelt, Plaintiffs, v. GOVERNMENT OF THE VIRGIN ISLANDS, and Roy Martin, in his official capacity as Tax Assessor, Defendants.

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

April 14, 2004.


Attorney(s) appearing for the Case

James M. Derr, David E. Nicholas, St. Thomas, VI, for plaintiffs Miller Properties, Inc., Schmidt et al., and Elisabeth Sharp.

Soraya Diase-Coffelt, St. Thomas, VI, for plaintiffs Lindon Corp. et al.

Kerry E. Drue, AAG, Wayne G. Anderson, AAG, Carol Thomas-Jacobs, AAG, St. Thomas, VI, Michael McLaurin, AAG, St. Croix, VI, for the defendants.


MEMORANDUM

MOORE, District Judge.

On May 12, 2003, I found the Territory's property tax system unlawful because it "systemically employ[ed] a method of assessment not calculated to determine the actual value of properties as required by 48 U.S.C. § 1401a." Berne Corp. v. Government of the Virgin Islands, 262 F.Supp.2d 540, 561 (D.Vi.2003). Accordingly, I entered a decree in the consolidated portion of...

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