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Associate Justice Maria M. Cabret
Associate Justice Ive Arlington Swan
Associate Justice Harold W.L. Willocks
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Klein v. Bassil
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Klein v. Bassil
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Klein v. Bassil
S. Ct. Crim. No. 2017-0043
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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.
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