Lawsuit seeks to silence 'squeals' from zip line in residential area
Published: August 20, 2012
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ST. THOMAS - The new zip line tour on St. Thomas is enjoying success so far, but a legal complaint from a neighbor could shut down operations.
The civil complaint was filed in V.I. Superior Court in July by One St. Peter, LLC against Tree Limin Extreme, LLC.
One St. Peter is a company that owns Parcel 1 Estate St. Peter. In the complaint, the plaintiff describes the property as "located on a quiet hillside in an area zoned for low-density residential use only, designated an R-1 Zone under Virgin Islands law."
According to the complaint, the plaintiff's property contains a single-family dwelling unit where one woman resides.
The operation of a zip line on the adjacent property, which began July 9, has caused the property's resident to hear "loud shouts, squeals, and generally disturbing noise," according to the complaint.
The lawsuit seeks to shut down the operation for disturbing the neighborhood's peace because the zip line is intended to be a "thrill inducing activity that will foreseeably result in large numbers of paying customers shrieking, screaming, shouting and otherwise expressing the sounds of fright and excitement the commercial business is created to provoke and promote."
The lawsuit says the zip line company originally built one of its structures on the property of One St. Peter, but after a complaint, Tree Limin Extreme moved it. However, according to the plaintiff, the place it was relocated to still is within the 15-foot setback required for property in the R-1 zone.
The plaintiff also argues that the zip line is in violation of the territory's zoning laws, and that a commercial business should not be allowed to operate in an R-1 zone.
The lawsuit seeks to have the zip line shut down and for the court to award damages to the plaintiff.
Tree Limin Extreme responded to the complaint several weeks later.
The defendant said the structure that is referenced in the lawsuit are guy wires, which the V.I. Department of Planning and Natural Resources determined did not violate the setback.
The zip line operators said in their response that DPNR determined in writing that the zip line falls under "Parks & Recreational Areas," which are allowed uses in the R-1 zone.
Tree Limin Extreme asked the court to dismiss the lawsuit.
The court has not yet scheduled a hearing date or taken action on the complaint or the response.
- Contact Aldeth Lewin at 714-9111 or email firstname.lastname@example.org.