Berne Corp. v. Gov't of the Virgin Islands, No. 08-3897

In an appeal from the District Court's order finding the Government of the Virgin Islands in contempt for violating a consent decree relating the assessment of commercial real property taxes, the order is affirmed where the government failed to create a functioning Board of Tax Review that consistently held hearings and reached determinations on appeals.

Read the full decision in Berne Corp, et al. v. Government of the Virgin Islands, No. 08-3897.

Appellate Information:

On Appeal from the District Court of the Virgin Islands, Division of St. Thomas and St. John. Honorable Curtis V. Gomez.
D.C. Civil Action Nos. 3-00-cv-00141, 3-00-cv-00167, 3-01-cv-00151, 3-01-cv-00155, 3-01-cv-00181, 3-01-cv-00196, 3-01-cv-00197, 3-01-cv-00228, 3-02-cv-00057
Argued on January 29, 2009
Opinion filed on June 16, 2009

Judges:

Before: SCIRICA, Chief Judge, AMBRO and SMITH, Circuit Judges.

Opinion by SCIRICA, Chief Judge.

Counsel:

Attorney for Appellants - TERRYLN M. SMOCK, Esq. (ARGUED)
Office of Attorney General of Virgin Islands
Department of Justice,

Attorney for Appellees - JAMES M. DERR, Esq. (ARGUED), DAVID A. BORNN, Esq. (ARGUED) of The Bornn Firm, SORAYA D. COFFELT, Esq.