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
November 2024 OA Calendar
Amended November 2024 OA Calendar
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
»
2020 Published Opinions
»
S. Ct. Civ. No. 2018-0048
A+
A-
S. Ct. Civ. No. 2018-0048
Sub Menu
Skip Sidebar Navigation
S. Ct. Civ. No. 2018-0048
S. Ct. Crim. No. 2017-0043
Last item for navigation
Case Caption:
Sam's Food Distributors, Inc. and Sam's Management, Inc. v. NNA&O, LLC., A U.S. Virgin Islands Limited Liability Company
Case Number:
S. Ct. Civ. No. 2018-0048
Date:
06/09/2020
Author:
Cabret, Maria M.
Citation:
2020 VI 7
Summary:
In a dispute over the scope of an easement for ingress and egress to commercial property, the Superior Court’s findings of fact, conclusions of law, and accompanying injunction order are void with respect to an individual non-party and a Puerto Rico based corporation that has not conducted business in the U.S. Virgin Islands in years—because the court lacked personal jurisdiction over them. With respect to the remaining parties, applying the sliding scale of factors on a motion for preliminary and permanent injunction, the Superior Court did not abuse its discretion in concluding that plaintiff demonstrated actual success on the merits and would suffer irreparable harm in the absence of an injunction, that the balance of harms to parties favored issuance of the injunction, and that entering an injunction would serve the public interest. It also did not abuse its discretion in concluding that plaintiff is entitled to injunctive protection for its incidental right to stop, load, and unload commercial goods. However, the terms of the injunction order entered by the Superior Court are defective in both form and substance, overly broad and unnecessary to adequately protect the rights of the parties in this case, and substantially broader in scope than the relief sought in the complaint. The easement does not include the right to park vehicles on the subject lot except for loading and unloading commercial goods, and it was error to include three terms requiring the clearing of the lot and prohibiting the leasing or renting of the property. Any error in not considering defense expert testimony was harmless since the legal meaning of ingress and egress is properly determined as a matter of law according to general contract principles. The Superior Court’s June 22, 2018 injunction is vacated and this matter is remanded for further proceedings consistent with this opinion.
Attachment:
Open Document or Opinion