Turnbull v. Twenty-Sixth Legislature

MEMORANDUM AND OPINION

(January 19, 2007)

THIS MATTER is before the Court on Defendant’s Motion for Reconsideration of the Order denying Defendant’s Motion to Dismiss (hereinafter “Motion for Reconsideration”) and Plaintiffs Motion for Summary Judgment. Upon review and consideration of the Motions, and arguments presented at the Hearing of December 13, 2006, the Motion for Reconsideration is denied and the Motion for Summary Judgment is granted based upon the reasons set forth below.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Revised Organic Act of 1954, as amended, (hereinafter “R.O.A.”) provides…