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ROACH v. WEST INDIES INV. CO.

No. Civ.App. 1995-142.

94 F.Supp.2d 634 (2000)

Robert ROACH and Josephine Roach, Appellants, v. WEST INDIES INV. CO. and Victor C. Gomez, Appellees, and Richard Boehm, Robert Shank, Mauricette Brin, Marion Gustafson, Richard Layton, Karen Layton, and Eclectic Dev. Corp., Intervenors-Appellees. Robert Roach and Josephine Roach, Appellants, v. Freeland Trust, Appellee.

District Court, Virgin Islands, D. St. Croix

Decided March 27, 2000.

Attorney(s) appearing for the Case

Susan M. Skinner, Donovan M. Hamm, Jr., St. Croix, U.S.V.I., for appellants.

H.A. Curt Otto, St. Croix, U.S.V.I., for the intervenors-appellees,

Nancy V. Young, St. Croix, U.S.V.I., for appellee Freeland Trust.

BEFORE: THOMAS K. MOORE, Judge, District Court of the Virgin Islands; STANLEY S. BROTMAN, Senior Judge of the United States District Court for the District of New Jersey, Sitting by Designation; and IVE A. SWAN, Territorial Court Judge, Division of St. Thomas, Sitting by Designation.

OPINION OF THE COURT

PER CURIAM.

Several decades ago, the West Indies Investment Company ["WIIC"], a now-defunct corporation, developed the Tide Village subdivision in Estate Boetzberg, St. Croix. WIIC included the following covenants in deeds for Estate Boetzberg properties outside of the Tide Village:

[N]either the Grantee nor his heirs nor his assigns shall or will erect or permit, upon any portion of said premises, any building except a dwelling...

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