Legal Opinion

Kress, Dunlap & Lane, Ltd. v. Carlos A. Downing, as Commissioner of Property and Procurement, Government of the Virgin Islands

Court of Appeals for the Third Circuit

Decided December 21, 1960No. 13304PublishedCited by 35 opinions

1Opinion of the CourtKalodner, Circuit Judge

The Virgin Islands Code 1 fixes the rent chargeable for real property in the Virgin Islands at the rent prevailing on July 1, 1947, if then rented, or, if not then rented, at the first rent charged thereafter or a rental administratively determined.

As we recently stated, 2 the “. . . obvious aim [of the Code] is to stabilize rentals at or about the level prevailing on the critical date [July 1, 1947]”.

The Code establishes administrative procedures, 3 which are judicially reviewable, 4 for the upward adjustment of rents on petition by landlords but only “to compensate for a substantial major…

2Cases cited7 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Block v. HirshSupreme Court of the United States · 1921
  3. Chastleton Corp. v. SinclairSupreme Court of the United States · 1924
  4. Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
  5. Edgar A. Levy Leasing Co. v. SiegelSupreme Court of the United States · 1922

2 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Birkenfeld v. City of BerkeleyCalifornia Supreme Court · 1976
  2. Henry Janek v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1964
  3. Manetas v. International Petroleum Carriers, Inc.Court of Appeals for the Third Circuit · 1976
  4. Westchester West No. 2 Ltd. Partnership v. Montgomery CountyCourt of Appeals of Maryland · 1975
  5. Dworman v. Mayor & Bd. of Aldermen, Etc., MorristownDistrict Court, D. New Jersey · 1974

30 more not listed; retrieve them via the Exa API.

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