The December 2020 ratification of the “Consolidated and Modified CZM Permit” for the Summers End Group set several critical processes in motion.  For one, the express language of the permit required construction to begin within 12 months, otherwise the permit would automatically expire and become null and void, unless Summers End requested an extension “for good cause” and was granted one.  Clause “F” of the permit stated:

The legislative ratification also set into motion legal action by the Summers End Group to dismiss the lawsuit filed by Save Coral Bay in Virgin Islands Superior Court.  Although the lawsuit had been filed in July 2020, by the time it reached trial in Superior Court, on March 18, 2021, the Legislature had already ratified the “Consolidated and Modified CZM Permit” which, in spite of its name, had never been seen by CZM.

Their logic was convoluted:  SEG attorneys claimed that (a) Bryan had the authority to consolidate and modify permits under a bizarre interpretation of 911(g), and even if he didn’t, (b) the ratification by the Legislature essentially created a “new law” which bypassed CZM, for the benefit of Summers End.

The Superior Court refused to consider whether or not the Governor’s actions were in accordance with law – all they were concerned about was whether the ratification by the Legislature was sufficient to “clean up” any misdeeds.  In their opinion. the court wrote: “Plaintiff‘s claims for declaratory judgment and injunctive relief have dissipated with the passage of Act No 8407.  The claims do not surpass legislative ratification therefore the Complaint does not survive the scrutiny of Rule 8(a). Title 12 V I C § 911(e) provides the Virgin Islands Legislature with the inherent power to confirm the Governor s approval and modification.”  In simple English, the court said that once the Legislature ratified the permits, effectively creating “new law”, there was nothing the court was willing to do about the events leading up to ratification.  “Water under the bridge” so to speak …

And when the case was appealed to the Virgin Islands Supreme Court Chief Justice Rhys Hodge reasoned along a similar vein, but was even more explicit about not caring whether the Governor had followed the legal procedures or not.  The Virgin Islands courts simply refused to force the Executive Branch to follow the laws of the land.  They essentially said “if the Governor approves it, and the Legislature ratifies it, then it is A-OK.”  Checks and balances?