Northside Civic Association 88-3247 v. Virgin Islands Coastal Zone Management Commission 88-3247 Northside Civic Association 88-3593’s Empirical Analysis
1989
Citation profile
4 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 38 later decisions — most recently January 2023 · most notably Oshiver v. Levin, Fishbein, Sedran & Berman (1994), Smith v. Brown (1994)
4 federal appellate · 7 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Preiser v. Rodriguez · Browder v. Director Department of Corrections of Illinois · Weinberger v. Salfi · Catlin v. United States · Myers v. Bethlehem Shipbuilding Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although the benefits to the judicial system from insistence on administrative exhaustion generally are substantial, there are occasions for pragmatic exceptions designed to promote efficiency. We have noted that the requirement is excused when the challenged agency action constitutes a clear and unambiguous violation of statutory or constitutional rights, when reliance on administrative procedures is clearly and demonstrably inadequate to prevent irreparable injury, and when exhaustion is futile.”
2 later decisions quote this exact passage · from the majority“Administrative appeal rights must be exhausted before seeking judicial relief where the grievance is based on the grant or denial of a coastal zone permit.”
2 later decisions quote this exact passage · from the majority“[A challenge to a Commission or BLUA decision to grant or deny a permit] is different from the situation where a person can begin an immediate action under section 913 (b) to restrain a violation of the Act or to compel the performance of duties the Act specifically imposes. As an illustration, the Virgin Islands government properly sought direct judicial relief against a defendant alleged to be conducting quarrying operations in the coastal zone without first obtaining a permit. Government of the Virgin Islands v. Virgin Islands Paving, Inc., 714 F.2d 283 (3d Cir. 1983). Unlike the general language of the provision applicable in that case, section 913(d) here specifies relief for “any person aggrieved by the granting or denial of an application for a coastal zone permit.” Further indications that the district judge’s construction accurately reflects the legislature’s intent are found elsewhere in the statute. Chapter 97 of the Virgin Islands Code — to which the first phrase of section 913 (d) refers — provides that writs of review are allowed “in all cases where there is no appeal or other plain, speedy, and adequate remedy.” V.I. CODE Ann. tit. 5, § 1422 (emphasis added). The fact that the legislature thought it necessary to provide for writs of review in permit cases evidences an intent to supply a right to appeal for a class of disputes that might otherwise be unreviewable. Moreover, the sole responsibility of the Board appears to be the review of the Commission’s permit ”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.