Rule 15. Writs of review
(a) A writ of review may be granted by the Court upon the petition of any
person aggrieved by the decision or determination of an officer, board,
commission, authority or tribunal. Such petition shall be filed within 30 days
after the date of the decision or determination complained of and shall recite
such decision or determination and set forth the errors alleged to have been
committed therein. The petition shall be signed by the petitioner or his
attorney, and shall be accompanied by the certificate of the attorney that he
has examined the process or proceeding and the decision or determination
therein sought to be reviewed, that the same is in his opinion erroneous and
that the petition is not filed for delay.
(b) Before granting the writ the Court shall require the petitioner to
post a surety bond subject to its approval and in the amount to be fixed by the
Court in order to ensure that the petitioner will obey the determination on or
decision sought to be reviewed and perform his obligations thereunder in case
it is affirmed by the Court upon review.
(c) If the Court grants the writ and the petitioner files the bond
required by this rule, the clerk shall issue the writ directed to the officer,
board, commission, authority or tribunal whose decision or determination is to
be reviewed or to the clerk or other person having custody of his or its
records or proceedings requiring him, it or them to return the writ to the
Court within 20 days together with a certified copy of the record of the
proceedings in question in order that the same may be reviewed by the Court.
(d) The Court may, upon application by the petitioner, include in the
writ a clause requiring the respondent officer, board, commission, authority or
tribunal to desist from further proceedings in the matter under review until
the final determination thereof by the Court.--Added May 12, 1998.
Availability of other relief
Where a petition for writ of review signed by an attorney is not
accompanied by an attorney's certificate in compliance with V.I. Terr. Ct. R.
15, the court lacks subject matter jurisdiction over the petition. Save Long
Bay Coalition v. Virgin Islands Bd. of Land Use Appeals, 2003 V.I. LEXIS 15, 45
V.I. 312 (Terr. Ct. St. T. and St. J. Oct. 20, 2003).
Territorial Court lacked jurisdiction over petition for writ of review,
where it was unaccompanied by requisite certificate of petitioner's counsel.
Tip Top Constr., Inc. v. Government of the Virgin Islands, Dep't Of Property
& Procurement, Terr. Ct. St. T. & St. J. 1999, 41 V.I. 72.
Availability of other relief
Issuance of writ of review was not warranted in connection with adverse
order of Department of Property and Procurement, where another plain, speedy
and adequate remedy existed for petitioner in form of injunctive relief,
including temporary restraining order and preliminary injunction, as well as
declaratory judgment pursuant to statute. Tip Top Constr., Inc. v. Government
of the Virgin Islands, Dep't of Property & Procurement, Terr. Ct. St. T.
& St. J. 1999, 41 V.I. 72.
Territorial Court had jurisdiction over petition for writ of review filed
more than 30 days after date of decision complained of, where petition was
filed within 30 days of when decision was faxed to petitioner's counsel. Tip
Top Constr., Inc. v. Government of the Virgin Islands, Dep't Of Property &
Procurement, Terr. Ct. St. T. & St. J. 1999, 41 V.I. 72.
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