Friends of Coral Bay v. Reliance Housing Foundation, Inc.

49 V.I. 631, 2008 WL 467391, 2008 U.S. Dist. LEXIS 8182
CourtDistrict Court, Virgin Islands
DecidedFebruary 1, 2008
DocketCivil No. 2007-20
StatusPublished

This text of 49 V.I. 631 (Friends of Coral Bay v. Reliance Housing Foundation, Inc.) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Friends of Coral Bay v. Reliance Housing Foundation, Inc., 49 V.I. 631, 2008 WL 467391, 2008 U.S. Dist. LEXIS 8182 (vid 2008).

Opinion

GÓMEZ, Chief Judge

MEMORANDUM OPINION

(February 1, 2008)

This matter is before the Court after a hearing on a motion for a preliminary injunction, which was consolidated with a trial on the merits. After receiving testimony and hearing arguments, the Court finds in favor of defendants Reliance Housing Foundation, Inc. and Reliance-Calabash Boom Associates, LLP (collectively “Reliance”).

I. FACTS AND PROCEDURAL HISTORY1

This action stems from the construction of a housing community (the “Project”) at Calabash Boom near Johnson’s Bay on St. John, U.S. Virgin Islands. Johnson’s Bay is one of the smaller bays that make up Coral Bay at the east end of St. John.

On February 28, 2006, the Chairman of the St. John Coastal Zone Management Committee signed a permit for the Project (the “CZM Permit”). The CZM Permit allowed for the development and construction of a residential community that is designed to accommodate seventy-two housing units for low- to medium-income families.

Reliance began construction on the Project on January 2, 2007. Thereafter, Friends of Coral Bay (“Friends”), Eleanor Gibney, David Grove, and Richard Sullivan (collectively with Friends, the “Plaintiffs”) filed a three-count complaint against Reliance seeking declaratory and [634]*634injunctive relief, civil penalties under V.I. Code Ann. tit. 12, § 913(c), and revocation of the CZM Permit. In Count One, the Plaintiffs allege that Reliance violated the Endangered Species Act (“ESA”). The Plaintiffs claim that Reliance has engaged in the “taking” of endangered or threatened species without the requisite permit. In Count Two, the Plaintiffs allege that Reliance violated the Virgin Islands Coastal Zone Management Act (“CZM Act”) by failing to obtain certain permits before commencing construction on the Project. Similarly, in Count Three, the Plaintiffs allege that Reliance violated the Virgin Islands Clean Water Act (“VICWA”) by failing to obtain the appropriate permits.

The complaint was followed by an application for a temporary restraining order (“TRO”) and a preliminary injunction. On January 26, 2007, this Court issued a TRO halting further construction on the Project due to Reliance’s failure to obtain a VICWA permit, as alleged by Friends. The TRO was extended for ten additional days on February 12, 2007.

On February 27, 2007, this matter came on for a hearing on the preliminary injunction, which was consolidated with a trial on the merits. At trial, one witness, Dr. Gary Ray testified on behalf of the Plaintiffs. Dr. Ray was offered and qualified as an expert in the field of botany and terrestrial ecology.

At the close of trial, Reliance verbally moved to dismiss on the ground that the Plaintiffs failed to introduce testimony at trial regarding their standing to bring this suit.2 Reliance also argued that the Plaintiffs failed to introduce evidence of any endangered species or evidence that Reliance did not obtain the required permits.

II. DISCUSSION

Pursuant to Article III of the United States Constitution, this Court can only exercise jurisdiction over cases or controversies arising under the laws of the United States. See U.S. CONST. art. III, § 2. To qualify as a “case or controversy,” a cause of action “must be definite and concrete, touching on the legal relations of parties having adverse legal interests.” Joint Stock Society v. UDV North Am., Inc., 53 F. Supp. 2d 692, 701 (D. Del. 1999) (quoting Aetna Life Ins. Co. of Hartford v. Haworth, 300 U.S. [635]*635227, 240, 57 S. Ct. 461, 81 L. Ed. 617 (1937)). Standing is at the core of the case or controversy requirement. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S. Ct. 2130, 119 L. Ed. 2d 351 (1992) (noting that “the core component of standing is an essential and unchanging part of the case-or-controversy requirement of Article III”).

Standing requires satisfaction of three elements. First, the plaintiff must prove injury-in-fact. Id. Injury-in-fact is defined as an invasion of a legally protected interest that is concrete and particularized and actual or imminent. Id. Second, the plaintiff must show a causal connection between the injury and the conduct complained of. Simon v. Easter Ky. Welfare Rights Org., 426 U.S. 26, 41-42, 96 S. Ct. 1917, 48 L. Ed. 2d 450 (1976) (stating that the injury must be “fairly . . . trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the court”). Third, it must be likely that the injury will be “redressed by a favorable decision.” Id. at 38.

“The party invoking federal jurisdiction bears the burden of establishing these elements.” Lujan, 504 U.S. at 561. The elements of standing are not mere pleading requirements. Rather, “each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.” Id.

III. ANALYSIS

At trial, the Plaintiffs were required to introduce evidence establishing an injury-in-fact. The Plaintiffs argue that the declarations of David Grove, an individual plaintiff, and Donald Near, Bruce Schoonover, and Stephen Cottrell, members of Friends, satisfy the standing requirement.3 [636]*636These declarations were filed with the Court the day before trial. Significantly, the Plaintiffs did not introduce these declarations as evidence at trial.

Evidence of an injury-in-fact is an important part of a plaintiff’s case, and if controverted, must be “supported adequately by the evidence adduced at trial.” See Lujan, 504 U.S. at 561 (quoting Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 115, n.31, 99 S. Ct. 1601, 60 L. Ed. 2d 66 (1979)). The Plaintiffs’ failure to introduce any such evidence at trial was fatal to their claims. See, e.g., Citizens Concerned for Separation of Church and State v. City and County of Denver, 628 F.2d 1289, 1301 (10th Cir. 1980) (dismissing appeal where plaintiffs failed to present adequate proof to support standing allegations at consolidated hearing on the merits).

Moreover, even if the declarations had been submitted during trial, they would be insufficient to establish standing. Although each declaration indicated an aesthetic or recreational interest in Coral Bay, none of the declarations state that any of the declarants have been adversely affected by the challenged conduct of Reliance. These declarations are therefore insufficient to establish standing. See, e.g., The Wilderness Soc. v. Norton, 434 F.3d 584, 590, 369 U.S. App. D.C. 165 (D.C. Cir.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Aetna Life Insurance v. Haworth
300 U.S. 227 (Supreme Court, 1937)
Zenith Radio Corp. v. Hazeltine Research, Inc.
401 U.S. 321 (Supreme Court, 1971)
Gladstone, Realtors v. Village of Bellwood
441 U.S. 91 (Supreme Court, 1979)
Lujan v. Defenders of Wildlife
504 U.S. 555 (Supreme Court, 1992)
Wldrnes Scty v. Norton, Gale
434 F.3d 584 (D.C. Circuit, 2006)
Patterson v. National Life & Accident Ins. Co
183 F.2d 745 (Sixth Circuit, 1950)
In re Microsoft Corporation Antitrust Litigation
333 F.3d 517 (Fourth Circuit, 2003)
United States v. Consolidated Foods Corp.
455 F. Supp. 142 (E.D. Pennsylvania, 1978)
Joint Stock Society v. UDV North America, Inc.
53 F. Supp. 2d 692 (D. Delaware, 1999)
O'NEILL v. Louisiana
61 F. Supp. 2d 485 (E.D. Louisiana, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
49 V.I. 631, 2008 WL 467391, 2008 U.S. Dist. LEXIS 8182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/friends-of-coral-bay-v-reliance-housing-foundation-inc-vid-2008.