Legal Opinion

Turnbull v. Twenty-Sixth Legislature of the Virgin Islands

Superior Court of The Virgin Islands

Decided November 13, 2006No. Civil No. 394/2006PublishedCited by 3 opinions

1Opinion of the CourtKendall, Judge

MEMORANDUM OPINION

(November 13, 2006)

THIS MATTER is before the Court on Defendant’s “Motion to Dismiss Complaint” pursuant to Rule 12(b)(6) of the FED. R. CIV. P. and Plaintiff’s Opposition thereto. Based upon the reasons set forth below, the Motion will be DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Section 21(a) of the Revised Organic Act of 1954, as amended (“R.O.A.”)1 provides that “the judicial power of the Virgin Islands shall *130be vested in a court of record designated as the ‘District Court’ of the Virgin Islands established by Congress, and in such appellate court and lower local courts…

2Cases cited35 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Baker v. CarrSupreme Court of the United States · 1962
  3. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Flast v. CohenSupreme Court of the United States · 1968
  5. DaimlerChrysler Corp. v. CunoSupreme Court of the United States · 2006

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3Cited by3 opinions

  1. Virgin Islands Government Hospitals & Health Facilities Corp. v. Government of the Virgin Islands, Department of HealthSupreme Court of The Virgin Islands · 2008
  2. Arlington Funding Services, Inc. v. GeigelSupreme Court of The Virgin Islands · 2009
  3. Fenster v. DechabertSuperior Court of The Virgin Islands · 2016

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