Centralpack Engineering Corp. v. Government of the Virgin Islands

MEMORANDUM OPINION

The Government has moved to dismiss the complaint pursuant to Fed. R. Civ. P. 12(b)(6), for failure to state a claim upon which relief can be granted. Specifically, the Government contends that factual issues exist in this action which preclude the application of the Declaratory Judgments Act, 5 V.I.C. § 1261 et seq., and further, that the controversy does not touch upon matters of public concern as required for declaratory relief. The motion will be denied on both grounds.

The decision to entertain a declaratory judgment action is discretionary. Flavo-Rich v. Quinn, 18 V.I.…