BEACHSIDE ASSOCIATES, LLC, VS. BAYSIDE RESORT INC., ST-07-CV-626 (V.I. 2013) [unpublished]
Ne SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN BEACHSIDE ASSOCIATES, LLC, Plaintiff, vs. BAYSIDE RESORT, INC., BLUEWATER (SAPPHIRE), LTD., STEVAN SILBERSTEIN, DONNA SILBERSTEIN, LAWRENCE BRENNER, BARBARA BRENNER, INTERSTATE MANAGEMENT COMPANY, LLC, formerly known as MERISTAR MANAGEMENT COMPANY, LLC, PALM TREE MORTGAGE CO., LLC, LITCHFIELD FINANCIAL CORPORATION, INTERNAL REVENUE SERVICE, SBRMCOA, LLC, SIDNEY A. JARVIS, and VIRGIN ISLANDS WATER AND POWER AUTHORITY, Defendants. Case No. 07-CV-626 ee ee ee ee ee ee ee ee ee ee MEMORANDUM OPINION Pending before the Court is SBRMCOA, LLC’s “motion for order establishing priority of entitlement of rents.”' For the following reasons, SBRMCOA’s motion will be denied. ANALYSIS SBRMCOA contends that it or “some third party bidder ... may be the successful bidder at the Marshal’s sale” of Bayside’s property scheduled for May 15, 2013, and seeks a determination from this Court whether 5 V.I.C. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://superior.vicourts.org/UserFiles/Servers/Server_12810747/File/Opinions/Archive/ST-07-CV-626%20MEMORANDUM%20OPINION.pdf
SHA-256 cd61e4d56d08a6843f72b6abf210186f08869837259776610f71b7ea59e5d154
Re-using this document
edicts of government — judicial opinions are not copyrightable by anyone. NOT 17 USC 105 (territorial court, not federal) and NOT 'rights unstated'.
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-cd61e4d56d08
Document text
Ne SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN BEACHSIDE ASSOCIATES, LLC, Plaintiff, vs. BAYSIDE RESORT, INC., BLUEWATER (SAPPHIRE), LTD., STEVAN SILBERSTEIN, DONNA SILBERSTEIN, LAWRENCE BRENNER, BARBARA BRENNER, INTERSTATE MANAGEMENT COMPANY, LLC, formerly known as MERISTAR MANAGEMENT COMPANY, LLC, PALM TREE MORTGAGE CO., LLC, LITCHFIELD FINANCIAL CORPORATION, INTERNAL REVENUE SERVICE, SBRMCOA, LLC, SIDNEY A. JARVIS, and VIRGIN ISLANDS WATER AND POWER AUTHORITY, Defendants. Case No. 07-CV-626 ee ee ee ee ee ee ee ee ee ee MEMORANDUM OPINION Pending before the Court is SBRMCOA, LLC’s “motion for order establishing priority of entitlement of rents.”' For the following reasons, SBRMCOA’s motion will be denied. ANALYSIS SBRMCOA contends that it or “some third party bidder ... may be the successful bidder at the Marshal’s sale” of Bayside’s property scheduled for May 15, 2013, and seeks a determination from this Court whether 5 V.I.C. § 500 would entitle SBRMCOA or the third party to receive rents generated from the occupied condominium units and marine slips on the property. SBRMCOA filed its motion on April 4, 2013; and Beachside filed an opposition on April 22, 2013. Reachside Associates, LLC v. Bayside Resort, Inc., et al. §T-07-CV-626 Memorandum Opinion, May 13, 2013 “Courts are called upon to decide actual cases and controversies, not to issue advisory opinions.”” In addition, in order to have standing, a party “must allege that he himself suffers some ‘injury in fact’ by reason of the action sought to be challenged.” SBRMCOA’s motion invites the Court to assume that SBRMCOA will submit a successful bid at the Marshal’s sale. However, the Court may not issue an advisory opinion based on a hypothetical set of facts. In addition, SBRMCOA has no standing to bring this motion on behalf of “some other third party bidder.” Accordingly, SBRMCOA’s motion will be denied. An Order consistent with this Opinion shall follow. Dated: May 42013 __GOo@€F_eeT aS _ HON. MICHAEL C. DUNSTON ATTEST: Venetia H. Velazquez, Esq. JUDGE OF THE SUPERIOR COURT NS ate BD XK /_N/ OF THE VIRGIN ISLANDS De D.D DoD Devan 5 / IT / pe) 4) ? julien v. Government of Virgin Islands, 961 F. Supp. 852, 855 (D.V.I. 1997) (citing Allen v. Wright, 468 U.S. 737, 750 (1984)). 3 id., citing Dash v. Mitchell, 356 F.Supp. 1292, 1295 (D.C. 1972).