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VIRGIN ISLANDS CONSERVATION v. VIRGIN ISLANDS BD.

No. 20-1982.

10 F.4th 221 (2021)

VIRGIN ISLANDS CONSERVATION SOCIETY, INC., Appellant v. VIRGIN ISLANDS BOARD OF LAND USE APPEALS GOLDEN RESORTS LLLP.

United States Court of Appeals, Third Circuit.

Opinion filed: August 23, 2021.

Attorney(s) appearing for the Case

Andrew C. Simpson [ARGUED], Andrew C. Simpson Law Offices, 2191 Church Street, Suite 5, Christiansted, VI 00820, Counsel for Virgin Islands Conservation Society, Inc.

Denise N. George , Attorney General, Pamela R. Tepper , Solicitor General, Ian S.A. Clement , Assistant Attorney General [ARGUED], Office of the Attorney General of the Virgin Islands, Department of Justice, 34-38 Kronprindsens Gade, GERS Complex, 2nd Floor, St. Thomas, VI 00802, Dionne G. Sinclair , PMB2332, 9160 Estate Thomas, St. Thomas, VI 00802, Counsel for Virgin Islands Board of Land Use Appeals.

Treston E. Moore [ARGUED], Moore Dodson & Russell, 5035 (14A) Norre Gade, P.O. Box 310, Suite 201, St. Thomas, VI 00802, Counsel for Golden Resorts LLLP.

Before: SMITH, Chief Judge, CHAGARES and MATEY, Circuit Judges.

OPINION OF THE COURT

In this long-running dispute, the Virgin Islands Conservation Society, Inc. ("VICS") — an environmental advocacy organization — challenged a default permit that the Virgin Islands Board of Land Use Appeals (the "Board") granted to Golden Resorts LLLP ("Golden"). VICS filed its...

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