Legal Opinion
Luis v. Dennis
District Court, Virgin Islands
Decided November 28, 1983No. Civ. No. 292-1983PublishedCited by 9 opinions
1Opinion of the CourtO’Brien, Judge
MEMORANDUM OPINION AND ORDER
This matter is before the Court on an Action for Declaratory Judgment pursuant to 5 V.I.C. §§ 1261-1262 and 28 U.S.C. § 2201. At issue is the validity of Act No. 4836 enacted by the Fifteenth Legislature of the Virgin Islands on June 14, 1983, over the veto of Governor Juan Luis. For the reasons set forth below we find that Act No. 4836 is in violation of the doctrine of Separation of Powers as embodied in the Revised Organic Act of 1954 and therefore cannot stand.
I. FACTS
The legislation in question was first considered and passed by the Legislature as Bill No.…
2Cases cited20 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- Massachusetts v. MellonSupreme Court of the United States · 1923
- Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
- Myers v. United StatesSupreme Court of the United States · 1926
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3Cited by9 opinions
- Smith v. MagrasCourt of Appeals for the Third Circuit · 1997
- Juan Luis, Governor of the Virgin Islands v. Hugo Dennis, Certain Members of the Fifteenth Legislature of the Virgin IslandsCourt of Appeals for the Third Circuit · 1984
- Territorial Court of Virgin Islands v. RichardsDistrict Court, Virgin Islands · 1987
- Agosto v. BarceloDistrict Court, D. Puerto Rico · 1984
- Smith v. MagrasCourt of Appeals for the Third Circuit · 1997
4 more not listed; retrieve them via the Exa API.