Save Coral Bay, Inc. v. Albert Bryan, Jr. et al.
Case Caption: Save Coral Bay, Inc. v. Albert Bryan, Jr., in his Official Capacity as Governor, et al.Case Number: SCT-Civ-2021-0017Date: 03/30/2022Author: Hodge, Rhys S. Citation: 2022 VI 7Summary: Dismissal of an application for declaratory judgment and injunctive relief with respect to a Coastal Zone Management (“CZM”) permit is affirmed. The Revised Organic Act sets forth a procedure for how a bill becomes a law, and that procedure was followed with respect to Act No. 8407, leading the Superior Court to dismiss this action as moot. Because one legislature cannot bind a subsequent legislature by enacting unrepealable or unmodifiable super-legislation, it is irrelevant whether the procedure set forth for modification of permits in the CZM Act was followed, since the 33rd Legislature was entitled to pass, and Governor Bryan entitled to sign into law, new legislation, whether generally or limited to a specific permit. Accordingly, the Superior Court’s May 12, 2021 dismissal order is affirmed.Attachment:
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