Skip to Content
Judiciary of the US Virgin Islands
Supreme Court
Superior Court
Supreme Court
of the
Virgin Islands
A+
A-
{1}
##LOC[OK]##
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
Judicial Home
Superior Court
About Us
Justices
Chief Justice Rhys S. Hodge
Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
Hours and Locations
Holidays
Contact Us
Administration
Offices of the Court
Office of Bar Admissions
Overview
Committee of Bar Examiners
Regular Admissions
Special Admissions
Pro Hac Vice Admissions
Bar Schedule of Fees
Office of the Clerk
Promulgation and Administrative Orders
Self Help Guide
Fee Schedule
Forms
Contact Us
Office of Disciplinary Counsel
Members of Discipline Boards
Attorney Discipline
Judicial Discipline
Unauthorized Practice of Law
Attorney Registration
Contact Us
Rules
Opinions
Oral Arguments Calendar
Court Calendars
Archived Court Calendars
Current Court Calendars
MENU
Supreme Court of the US Virgin Islands
»
Court Opinions
»
Published Opinions
»
2021 Published Opinions
»
Klein v. Bassil
A+
A-
Klein v. Bassil
Sub Menu
Skip Sidebar Navigation
Klein v. Bassil
S. Ct. Crim. No. 2017-0043
Last item for navigation
Case Caption:
Klein v. Bassil
Case Number:
SCT-Civ-2021-0044
Date:
12/18/2023
Author:
Hodge, Rhys S.
Citation:
2023 VI 14
Summary:
In an appeal from the Superior Court’s August 16, 2021 opinion and order, which granted a motion for a preliminary injunction enjoining trespass upon plaintiff’s property, the judgment is affirmed. A preliminary injunction is an extraordinary and drastic remedy, never awarded as of right, but only upon a clear showing that the plaintiff is entitled to such relief, and the Superior Court must consider four factors: (1) whether the movant has shown a reasonable probability of success on the merits; (2) whether the movant will be irreparably injured by denial of the relief; (3) whether granting preliminary relief will result in even greater harm to the nonmoving party; and (4) whether granting the preliminary relief will be in the public interest. In a trespass action, the soundest rule for the Virgin Islands requires that a plaintiff has the burden of proving that the defendant intentionally (a) entered land in the possession of the other, or caused a thing or a third person to do so, or (b) remained on the land, or (c) failed to remove from the land a thing which he was under a duty to remove. Applying these elements of trespass, the Superior Court committed no error: the evidence clearly supports the Superior Court’s finding that the plaintiff has a reasonable probability of success on the merits, that she would suffer irreparable harm absent an injunction, that the defendant would not be irreparably harmed by the injunction, and that the injunction is in the public interest. It is therefore concluded that the Superior Court did not abuse its discretion in granting the preliminary injunction, and its order granting the preliminary injunction is affirmed.
Attachment:
Open Document or Opinion