Turnbull v. Twenty-Sixth Legislature of the Virgin Islands

48 V.I. 127, 2006 V.I. LEXIS 30
CourtSuperior Court of The Virgin Islands
DecidedNovember 13, 2006
DocketCivil No. 394/2006
StatusPublished
Cited by3 cases

This text of 48 V.I. 127 (Turnbull v. Twenty-Sixth Legislature of the Virgin Islands) is published on Counsel Stack Legal Research, covering Superior 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
Turnbull v. Twenty-Sixth Legislature of the Virgin Islands, 48 V.I. 127, 2006 V.I. LEXIS 30 (visuper 2006).

Opinion

KENDALL, Judge

MEMORANDUM OPINION

(November 13, 2006)

THIS MATTER is before the Court on Defendant’s “Motion to Dismiss Complaint” pursuant to Rule 12(b)(6) of the FED. R. CIV. P. and Plaintiff’s Opposition thereto. Based upon the reasons set forth below, the Motion will be DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Section 21(a) of the Revised Organic Act of 1954, as amended (“R.O.A.”)1 provides that “the judicial power of the Virgin Islands shall [130]*130be vested in a court of record designated as the ‘District Court’ of the Virgin Islands established by Congress, and in such appellate court and lower local courts as may have been or may hereafter be established by local law.” Pursuant to this Congressional authority, the V.I. Legislature enacted Act No. 6687, Title 4 V.I.C. §§21 et seq., in October 2004, which Act established the Supreme Court of the Virgin Islands as the Territory’s appellate court. In establishing the Court, the Legislature provided that its regular sessions shall be held in the capital city, Charlotte Amalie, St. Thomas.

On February 22, 2005, Defendant passed Act No. 6730 (Bill No. 26-0003). Section 61 thereof amended Title 4 V.I.C. § 21(b)(2) by providing that regular sessions of the Supreme Court shall be held on the island of St. Croix. On March 5, 2005, Plaintiff vetoed Section 61 of Act No. 6730 in its entirety and Defendant subsequently overrode that veto on May 5, 2005. On November 14, 2005, Defendant passed Act No. 6816 (Bill No. 26-0083). Section 2 thereof authorized the V.I. Public Finance Authority to forthwith make available “the sum of $5.75 million dollars to construct and establish the Virgin Islands Supreme Court on the island of St. Croix.” Plaintiff vetoed this legislation on December 2, 2005, whereupon Defendant overrode the veto on December 15, 2005, thus making Act 6816 law. Plaintiff subsequently filed his Complaint herein for Declaratory Judgment that the statutes in question were, inter alia, null and void. Thereafter, Attorney Ronald Russell, a member of Defendant Legislature and purporting to represent Defendant, filed a “Notice of Removal,” requesting to remove the matter to the District Court of the Virgin Islands. Plaintiff moved to strike the Notice, which Motion was granted on the grounds that, inter alia, the matter was properly within the jurisdiction of this Court and Defendant did not acquiesce in the removal as required by Title 28 U.S.C. § 1441. Thereafter, Defendant moved to Dismiss the Complaint on the grounds that: (1) Plaintiff lacks standing to sue; (2) no “case or controversy” exists between the parties and (3) Defendant is immune from suit.

[131]*131II. DISCUSSION

A. The Governor’s Standing to Sue

Defendant contends that Plaintiff lacks standing to bring suit against it. This contention raises a threshold issue regarding this Court’s power to hear the matter which must be resolved ab initio.

At the federal level, the fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a federal court and not on the issues he wishes to have adjudicated. Flast v. Cohen, 392 U.S. 83, 99, 88 S. Ct. 1942, 1952, 20 L. Ed. 2d 947 (1968). Accordingly, the gist of the question of standing is whether the party seeking relief has “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the Court so largely depends for illumination of difficult constitutional questions.” Id, citing Baker v. Carr, 369 U.S. 186, 204, 82 S. Ct. 691, 703, 7 L. Ed. 2d 663 (1962).

While it is not a federal court, standing in this Court must be determined in accordance with rules applicable to federal courts. Dennis v. Luis, 741 F.2d 628, 630 (3d Cir. 1984). In accordance therewith, it is settled that “no principle is more fundamental to the judiciary’s proper role in our system of Government than the constitutional limitation of the Court to actual “cases or controversies.” DaimlerChrysler et al. v. Cuno, _ U.S. _, 126 S. Ct. 1854, 1861, 164 L. Ed. 2d 589 (2006), citing Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 2317, 138 L. Ed. 2d 849 (1997). The “core component” of the requirement that a litigant have standing to invoke a Court’s authority “is an essential and unchanging part of the ‘case or controversy’ requirement.” Id. Accordingly, in order to prove his standing, Plaintiff must demonstrate: (a) an actual or threatened injury, (b) that was caused by the Defendant’s action, (c) which injury is capable of judicial redress. Id. See also Dennis v. Luis, 741 F.2d at 630, citing Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464, 472, 102 S. Ct. 752, 758, 70 L. Ed. 2d 700 (1982); DaimlerChrysler Corp. et al. v. Cuno, 126 S. Ct. at 1861.

(i) Injury in Fact by Defendant

In the case at bar, Defendant contends that Plaintiff has not suffered any injury. Plaintiff, in his Amended Complaint, however, [132]*132alleges that his injury lies in the fact that “by passing legislation inconsistent with the [R.O.A.], [Defendant] has infringed upon [his] authority and duty to enforce [specific] provisions of the [R.O.A.].” Furthermore, “as a result of [Defendant’s] action, [Plaintiff] has been injured as he is unable to perform his statutory duty as set forth in Section 11 of the [R.O.A.].” Assuming, as it must, Plaintiffs allegations are true, and drawing all reasonable inferences in his favor,2 the conclusion is inescapable that Plaintiff has alleged a personal and legally cognizable injury peculiar to him3 and not simply a “generalized interest of all citizens in constitutional governance ...”4 Specifically, because the “responsibility] for the faithful execution of the laws of the Virgin Islands and the Laws of the United States applicable in the Virgin Islands, ” including the R.O.A.,5 is vested solely in Plaintiff as Governor, and because he alone is bringing this action, the allegation that the Defendant has infringed upon his responsibility and duty to enforce specific provisions of the R.O.A. is “sufficiently personal to constitute an injury in fact, thereby satisfying the minimum requirements of standing”6 (iemphasis added).

Furthermore, it is indisputable that Plaintiff is a taxpayer of the Territory. As such, it is settled that he is entitled to bring suit against Defendant. Specifically, Title 5 V.I.C. § 80 provides in pertinent part that “a taxpayer may maintain an action to restrain illegal or unauthorized acts' by a Territorial officer or employee ...” Plaintiffs suit seeks declaratory relief. In Holmes v. Government, 370 F. Supp. 715, 10 V.I. 365, 369 (D.V.I. 1974), the District Court held that a Declaratory Judgment action could be maintained under this statute.

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48 V.I. 127, 2006 V.I. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turnbull-v-twenty-sixth-legislature-of-the-virgin-islands-visuper-2006.