Costa v. Carambola Partners, LLC

ORDER

PATRICK J. SCHILTZ, District Judge.

This matter is before the Court on the motion of defendant Carambola Partners, LLC (“Carambola”) to dismiss Counts I, II, and III of plaintiffs’ complaint. For the reasons set forth below, the Court grants the motion with respect to Counts II and III, but denies the motion with respect to Count I. 1

I. BACKGROUND

This case arises out of the planned conversion of a Virgin Islands beach resort into residential condominiums. Plaintiff Peter Costa entered into a “Reservation Agreement” with Carambola, under which Costa paid a “deposit” of $310,000 and…