Legal Opinion
United States v. Penn
District Court, Virgin Islands
Decided April 17, 1986No. Civ. 1981/41PublishedCited by 5 opinions
1Opinion of the Court
DAVID V. O’BRIEN, District Judge.
The question before us is whether the defendant may counterclaim against the United States for affirmative injunctive relief. We hold that sovereign immunity proscribes such a claim.
I. FACTS
In June, 1960, the United States acquired approximately 164 acres on the island of St. John. The tract formerly comprised Estate Great Cinnamon Bay and is now the site of the Virgin Islands National Park. The defendant, Roy A. Penn, owns Estate Miland, which adjoins the park at its east border.
This controversy arose out of improvements made, in 1973 by the Government on the…
2Cases cited10 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
- United States v. ShawSupreme Court of the United States · 1940
- Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- In Re Oxford Marketing, Ltd.District Court, N.D. Illinois · 1978
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3Cited by5 opinions
- Livera, Aldo L., Jr. And Alpha Hermetic, Inc., C.M.R. Industries, Inc., Charles Donald McAllister Jr., and Alice Ann McAllister Susan Livera and Livera Company v. First National State Bank of New Jersey, Patrick Wallace, Ben Berzin, Jr., "A", "B", Michael Cardenas, in His Capacity as Administrator of the Small Business Administration, Ronald Langell, "C", "D" and the United States of America. First National State Bank of New Jersey & Third Party v. Susan Livera and the Livera Company Third Party (Two Cases). Appeal of U.S. Small Business Administration and the United States of America. Livera, Aldo L., Jr. And Alpha Hermetic, Inc., C.M.R. Industries, Inc., Charles Donald McAllister Jr., and Alice Ann McAllister Susan Livera and Livera Company, in No. 88-5216 v. First National State Bank of New Jersey, Patrick Wallace, Ben Berzin, Jr., "A", "B", Michael Cardenas, in His Capacity as Administrator of the Small Business Administration, Ronald Langell, "C", "D" and the United States of AmericaCourt of Appeals for the First Circuit · 1989
- Oneida Indian Nation of New York v. New YorkDistrict Court, N.D. New York · 2002
- Livera v. First National State Bank of New JerseyCourt of Appeals for the Third Circuit · 1989
- Porter v. SamuelDistrict Court, Virgin Islands · 1995
- Porter v. SamuelDistrict Court, Virgin Islands · 2003