Malloy v. Reyes
2014 V.I. Supreme LEXIS 38
Supreme Court of The Virgin Is...2014Background
- Old Broad Road (an unpaved trail on the east end of St. John) was shown on historic Danish (Oxholm) maps and early U.S. Coast & Geodetic Survey (CGS) maps as a public riding trail linking east-end settlements to Cruz Bay.
- Malloy purchased Parcel 6S (Pleasant Lookout) in 1993 and used Old Broad Road for access; neighboring owners later sought to pave and establish a private right-of-way across adjacent parcels.
- In 2009 Malloy found Old Broad Road blocked and sued neighbors and the Government of the Virgin Islands seeking declaratory and injunctive relief that Old Broad Road is a public right-of-way (alternatively, various private easements).
- At bench trial witnesses and expert historians/surveyors testified Old Broad Road was historically public and used by locals; Government witnesses offered differing mapping analyses.
- The Superior Court held Old Broad Road had been abandoned (extinguishing public status) but awarded Malloy an easement by necessity; Malloy appealed.
- The Supreme Court reversed the abandonment ruling, held the public interest passed from Denmark to the U.S. and then to the Virgin Islands, found procedural and evidentiary errors below, and remanded for metes-and-bounds of the public easement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Old Broad Road remains a public right-of-way | Malloy: historical maps and deeds show it was a public trail under Danish/U.S. control and thus remained public | Gov.: lack of statutory acceptance/maintenance and later maps show it was not a public road | Court: Historical public status controls; public interest transferred to Virgin Islands; road not abandoned, so remains public |
| Whether the public easement was abandoned | Malloy: no clear-and-convincing evidence of nonuse or governmental intent to abandon | Gov.: argued abandonment through nonuse and map omissions/maintenance lapse | Court: abandonment requires nonuse plus governmental intent (or unequivocal acts); record lacked either; finding of abandonment reversed |
| Admissibility / characterization of Marvin Beming’s testimony | Malloy: Beming was an expert surveyor and should be treated as expert | Gov.: Superior Court characterized Beming as lay | Court: Beming clearly qualified as an expert; Superior Court erred in treating him as lay; must consider his expert evidence on remand |
| Admission of Chester Paul’s late expert analysis | Malloy: Paul relied on a new analysis produced two days before trial and not disclosed in a supplemental expert report | Gov.: relied on Paul’s testimony at trial | Court: Admission violated Rule 26(e)/Rule 37; Government failed to justify or show harmlessness; trial court abused its discretion; that testimony must be disregarded on remand |
Key Cases Cited
- Vilas v. City of Manila, 220 U.S. 345 (territorial transfer: public property passes to successor sovereign)
- More v. Steinbach, 127 U.S. 70 (same principle on cession and public property)
- Tyler v. Magwire, 84 U.S. 253 (transfer of territory vests public property in successor government)
- United States v. Forbes’ Heirs, 40 U.S. 173 (cession conveys public domain to United States)
- Red Hook Marina Corp. v. Antilles Yachting Corp., 9 V.I. 236 (property rights in the islands rooted in law under prior sovereignty)
- Callwood v. Kean, 189 F.2d 565 (3d Cir.) (Danish-era property rights not affected by sovereignty change)
- Smith v. deFreitas, 329 F.2d 629 (3d Cir.) (examining Danish law for easement questions post-cession)
- Newfound Mgmt. Corp. v. Lewis, 131 F.3d 108 (3d Cir.) (use of pre-1917 titles and surveys to resolve east-end boundary disputes)
- Banks v. Int’l Rental & Leasing Corp., 55 V.I. 967 (Virgin Islands common-law methodology for adopting or shaping general common-law rules)