The Supreme Court ordered that Appellant's appeal from the Superior Court's February 25, 2009 order, which dismissed Appellant's action against Appellee for injunctive relief, will be held in abeyance. Because the validity of the default permit granted by the Board of Land Use Appeals ("BLUA") is an issue that remains pending in the Appellate Division of the District Court, the Court held that Appellant's challenge to the extensions of the default permit are not yet ripe for review. Specifically, the Court concluded that a decision by the Appellate Division or the Third Circuit Court of Appeals that Appellee was not entitled to a default permit would moot all issues concerning whether the default permit was properly extended by the BLUA.
Supreme Court Of The Virgin Islands