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MAITLAND v. PELICAN BEACH PROPERTIES, INC.

No. 88-3709.

892 F.2d 245 (1989)

John E. MAITLAND and Myriad R. Maitland v. PELICAN BEACH PROPERTIES, INC., The St. Thomas Committee of the Coastal Zone Management Commission, the Virgin Islands Board of Land Use Appeal. Francis J. McCARTHY v. PELICAN BEACH PROPERTIES, INC. and Virgin Islands Board of Land Use Appeals. Appeal of Francis J. McCARTHY, Jr.

United States Court of Appeals, Third Circuit.

Decided December 7, 1989.

Attorney(s) appearing for the Case

Henry L. Feuerzeig (argued), H.A. Curt Otto, Dudley, Topper and Feuerzeig, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, for appellant.

Winston A. Hodge (argued), Lisa Harris Moorhead, Winston A. Hodge, P.C., Christiansted, St. Croix, U.S. Virgin Islands, for appellee Pelican Beach Properties, Inc.

Before HUTCHINSON, COWEN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal arises out of a dispute between a land developer and several residents of certain beach-front properties in Smith Bay, St. Thomas, Virgin Islands.

The Coastal Zone Management Committee ("CZM") had granted a permit to Pelican Beach Properties, Inc. ("Pelican") to construct a sixty-unit "beach club" on property that is subject to a number of restrictive covenants. The Board of Land Use Appeals...

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