Haynes v. Ottley

61 V.I. 547, 2014 V.I. Supreme LEXIS 59
CourtSupreme Court of The Virgin Islands
DecidedDecember 1, 2014
DocketS. Ct. Civil No. 2014-0071
StatusPublished
Cited by30 cases

This text of 61 V.I. 547 (Haynes v. Ottley) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haynes v. Ottley, 61 V.I. 547, 2014 V.I. Supreme LEXIS 59 (virginislands 2014).

Opinion

OPINION OF THE COURT

(December 1, 2014)

PER CURIAM. Allen Haynes, Sr., appeals from the Superior Court’s October 30, 2014 opinion and order, which dismissed — for lack of subject matter jurisdiction — his complaint challenging the eligibility of Basil Ottley, Jr., the Democratic Party’s nominee for lieutenant governor, to serve in that position if elected. For the reasons that follow, we reverse.

I. BACKGROUND

On August 18, 2014, Haynes filed a pro se complaint in the federal District Court of the Virgin Islands raising numerous challenges to the conduct of the Democratic Party’s primary election held on August 2,-2014. While most of these claims related to other issues — such as the decision of the respective Boards of Elections2 to refuse to postpone the election despite the fact that a tropical storm was scheduled to affect the Virgin Islands on that date, and allegations that certain absentee voting procedures were violated •— Haynes also alleged that Ottley, the runningmate of Democratic gubernatorial candidate Donna Christensen, had not been a bona fide resident of the Virgin Islands for the preceding five years, and thus did not meet the minimum qualifications for lieutenant governor set forth in section 11 of the Revised Organic Act of [555]*5551954. See 48 U.S.C. § 1591 (“No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands.”). The defendants to the District Court action filed a motion to dismiss on September 19, 2014.

The District Court took no action on the complaint or the defendants’ motion to dismiss for two months. In the interim, Haynes retained counsel, who entered a notice of appearance on October 9, 2014, and the next day filed a motion to amend the complaint to remove all claims except his challenge to Ottley’s eligibility. The District Court granted that motion on October 20, 2014, and held a hearing on October 21, 2014. The following day, the District Court dismissed Haynes’s complaint for lack of subject matter jurisdiction, on the basis that he lacked Article III standing to bring his claim in federal court and that, in any event, the pertinent provision of the Revised Organic Act did not authorize a private right of action.

Two days later, on October 24, 2014, Haynes filed a complaint in the Superior Court of the Virgin Islands, together with motions for preliminary and permanent injunctions and to conduct expedited discovery. In his complaint, Haynes named Ottley, the Boards of Elections, Caroline Fawkes — the Supervisor of Elections — and the Government of the Virgin Islands as defendants, and asserted that Ottley had engaged in acts inconsistent with being a bona fide resident of the Virgin Islands, including maintaining a Maryland driver’s license, paying income taxes to the federal government and the Maryland government rather than to the Government of the Virgin Islands, residing in Maryland with his wife and children, and declaring to be a resident of Maryland. As relief, Haynes requested a declaratory judgment that Ottley is ineligible to hold the office of lieutenant governor, and that Ottley’s name be removed from the general election ballot, or, in the alternative, not be sworn into office if elected. Apparently by inadvertence, Haynes stated in his complaint that the Superior Court could exercise jurisdiction pursuant to 28 U.S.C. § 1331 — a statute authorizing federal district courts to exercise jurisdiction over cases involving a federal question — without citing to any other authority for the Superior Court’s jurisdiction.

[556]*556On October 27, 2014, Ottley as well as the Government defendants3 separately moved to dismiss the complaint for lack of subject matter jurisdiction. The Superior Court held a hearing on October 28, 2014, which was limited solely to oral argument on the question of subject matter jurisdiction. At the hearing, when the erroneous citation to 28 U.S.C. § 1331 was noted, Haynes, through his counsel, orally “move[d] to amend the complaint in order to assert any left out statutes concerning jurisdiction,” including 4 V.I.C. § 76 and 5 V.I.C. § 80, a statute allowing taxpayers to sue to enjoin illegal or unauthorized acts by the Government or its employees.4 (J.A. 43.) The Superior Court stated that it would entertain any written motion to amend the complaint, and then proceeded to hear further argument. After the hearing concluded, Haynes filed a written motion to amend the complaint, which cited 5 V.I.C. § 80, as well as 18 V.I.C. § 412, 18 V.I.C. § 411, and 4 V.I.C. § 76 as sources of the Superior Court’s jurisdiction.

On October 30, 2014, the Superior Court issued an opinion and order granting the motions to dismiss and dismissing Haynes’s complaint for lack of subject matter jurisdiction. Haynes v. Ottley, Super. Ct. Civ. No. 486/2014 (STT), 2014 VI. LEXIS 96 (V.I. Super. Ct. Oct. 30, 2014) (unpublished). While the Superior Court recognized that Haynes need not establish Article III standing to sue in a Virgin Islands court as opposed to a federal court, it agreed with the District Court that section 11 of the Revised Organic Act did not establish an express or implied private right of action. Id. at *12. Although it acknowledged that the Virgin Islands Legislature had adopted 5 V.I.C. § 80 to allow any taxpayer to “maintain an action to restrain illegal or unauthorized acts by a territorial officer or employee,” and that “on its face, Haynes, as a taxpayer, could maintain an action to restrain the Joint Board of Elections and the Supervisor of [557]*557Elections from what Haynes considers to be illegal ... in permitting Ottley to ran for the Office of Lieutenant Governor in violation of section 11 of the Revised Organic Act,” id. at *13, the Superior Court concluded that another statute, 18 V.I.C. § 412, supplanted the authorization found in 5 V.I.C. § 80 or 4 V.I.C. § 76, which it identified as the more general statutes. Id. at *16. It further found that Haynes failed to comply with the section 412 procedure, in that section 412 mandated that he initiate any challenge to Ottley’s qualifications within five days of the filing of his nomination petition or paper, which expired on May 23, 2014. Id. at *23.

Haynes timely filed his notice of appeal with this Court later that same day, on October 30, 2014, see V.I.S.Ct.R. 4(a), along with a motion for summary action or expedited appeal, which Ottley opposed the following day. This Court, in an October 31, 2014 order, denied the motion for summary action, see V.I.S.Ct.I.O.P. 9.4, but granted the request for expedited briefing. Haynes filed his appellate brief on November 10, 2014, while Ottley and the other appellees filed separate briefs on November 17, 2014. Even though the expedited briefing schedule granted him until November 24, 2014, to file a reply brief, Haynes elected to file his reply brief later that same day.

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Cite This Page — Counsel Stack

Bluebook (online)
61 V.I. 547, 2014 V.I. Supreme LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynes-v-ottley-virginislands-2014.