Hearings on the lawsuit seeking to block the land exchange between the V.I. government and rocket mogul Andrew Beal will continue Thursday after more than seven hours of arguments in Territorial Court Wednesday.
In a marathon session that was to determine whether a preliminary injunction should be issued against the land swap, Judge Alphonso Andrews Jr. allowed lawyers for Caribbean Space Technologies to intervene in the case on the side of the government.
The hearing will continue at 1:30 p.m. Thursday at the Territorial Court at Kingshill.
Sen. Alicia "Chucky" Hansen’s suit alleging the land exchange agreement is illegal named Gov. Charles Turnbull and the V.I. Legislature as defendants. However, Caribbean Space Technologies’ lawyers argued that they had significant interest in the case and should be allowed to enter the fray.
"I don’t think there is any doubt that Caribbean Space Technologies has direct interest in this property," said Beal attorney Daryl Dodson.
Caribbean Space Technologies LLC, a V.I. company, is 99 percent owned by Andrew Beal and is an affiliate, not a subsidiary of Beal Aerospace Technologies, which is fully owned by Texas real estate developer and fledgling rocket manufacturer Andrew Beal.
The land exchange agreement that was signed by former Gov. Roy Schneider at the end of 1998 and submitted to the Senate by Turnbull was between the government and Beal Aerospace Technologies. But when the Legislature approved the agreement on Oct. 5, it amended the bill to make Caribbean Space Technologies the legal company.
Turnbull cited that change in allowing the bill to pass into law without his signature. Andrews had questioned its legality and, by extension, Caribbean Space Technologies’ involvement in the lawsuit.
"The only way that CST can establish a significant probable interest … is through illegal action on the part of the governor of the Virgin Islands…" said Hansen’s attorney Ned Jacobs.
Despite Jacobs’ argument, though, Andrews ruled that Caribbean Space Technologies had a significant interest to protect.
As soon as Beal’s lawyers were allowed to be heard, they asked Andrews to dismiss the case. Dodson claimed Jacobs had failed to state a legitimate claim, in that the land exchange agreement, which became law Tuesday, did not violate the U.S. Constitution or the Revised Organic Act.
He also said the Legislature can legitimately amend, revise or make exceptions to prior legislation.
But Jacobs argued that under the equal-protection clause of the Constitution, the Legislature cannot favor one person or entity when making laws. He maintained that had been done on behalf of Caribbean Space Technologies.
Andrews then denied the motion to dismiss.
"The Court would have to find that it is a … special law," said Andrews.
Once that motion was out of the way, the hearing on the preliminary injunction began.
Hansen and the other 19 plaintiffs in the case contend that the land in question, 14.5 acres at Camp Arawak, was deeded to the people of the Virgin Island in perpetuity and cannot be sold or traded.
Jacobs called Beatrice York, executive director of Camp Arawak, and ecologist Olasee Davis to the stand.
York testified that Camp Arawak had been used as a summer youth camp almost continuously since 1984, when she became involved in the program. The camp moved to Estate Diamond Ruby last year, she said, because its site at Great Pond Bay was burglarized after Hurricane Georges and virtually all its equipment stolen.
Davis testified to the natural and historical significance of the Great Pond site. He said the property contains historical artifacts that are "extremely significant" to the people of the territory.
On Oct. 5, the Legislature approved the land swap so that Caribbean Space Technologies could acquire the Camp Arawak acreage for a portion of a parking lot at Beal’s proposed $57-million world headquarters and rocket assembly plant near Great Pond Bay.
Beal already has an option on approximately 260 acres adjacent to the bay. The 340,000-square-foot assembly plant would be the largest single structure in the Eastern Caribbean, occupying up to eight acres.

The Reichhold Center for the Arts 1999-2000 subscription season begins with a bang on Saturday, Oct. 30, with a concert by the first honest-to-goodness symphony orchestra to perform in the territory in more than a decade.
Under the baton of maestro Eugene Kohn, the 75 members of Puerto Rico’s world-class "La Sinfonica" will perform four works from the traditional Eurocentric repertoire. Three of them should be familiar to most anyone who has ever endured a classical music appreciation course:
– The overture from Richard Wagner’s melodious opera Die Meistersinger.
– Igor Stravinsky’s The Firebird Suite, a composition that catapulted contemporary cacophony into the masterworks mainstream.
– Ludwig von Beethoven’s enduring Fifth Symphony, the one that opens with the dit-dit-dit-dah’ staccato even young children recognize.
The fourth piece on the program is Glazunov’s Saxophone Concerto.
This performance is one of two on the season lineup that is a co-production of The Everett B. Birch Forum, a local foundation that in the last four years has brought Maya Angelou, Elie Wiesel, Awadagin Pratt, Isola Jones, Anna Deavere Smith, "Of Ebony Embers" and Denyce Graves to the Reichhold stage. The other is an appearance in January of the Oakland Ballet, which has former Reichhold grants and production manager Renee Heider as its new executive director.
The logistics and costs of transporting and accommodating 75 musicians (plus their behind-the-scenes associates and their instruments) is daunting, so it’s not surprising that the Reichhold’s A section seats are going for $50 for this performance. However, shallow pockets are no excuse for skipping the concert. In the uncovered seating, tickets are $25 in the lower section and a mere $5 (less than a movie at local theaters if you’re over 12) up above.
Curtain time is 8 p.m.
The rest of the Reichhold season looks like this, with all performances at 8 p.m. unless indicated otherwise:
Saturday, Nov. 6 — "All The Kings’ Men," a tribute to Virgin Islands calypso monarchs including the reigning Whadablee; his immediate predecessor, Ras Regg; four-time winner Louis Ible Jr. (whose one-man show at the Reichhold last February wowed the audience); Nikki Brooks and The Mighty Pat, with backup by St. Croix’s popular Xpress Band. Tickets are $20 for all seats.
Saturday, Nov. 20 — Third World, the reggae band out of Jamaica that has carried the musical genre throughout the whole world, to great acclaim. There will two shows, at 7 and 10 p.m. Tickets are $25 for all seats.
Saturday and Sunday, Dec. 25/26 — the 2nd annual "Caribbean Christmas Style" in-house musical production. Tickets are $15, $12 and $8.
Wednesday, Dec. 29 — 21st Century, the jazz ensemble organized a couple of years ago by two St. Thomas sons makin’ it on the mainland — saxophonist Ron Blake and drummer Dion Parson. Playing mostly their own compositions, which fuse straight-ahead jazz effectively with Caribbean rhythms, often with other "locals," notably Reuben Rogers on bass, the band has been well received in its appearances at smaller venues here. Tickets are $25 covered and $18 open air.
Saturday, Jan. 15 — The Oakland Ballet. Tickets are $35, $18 and $5.
Saturday, Feb. 26 — "Mahalia," a new musical about the life of gospel great Mahalia Jackson. Tickets are $25, $15 and $10.
Saturday-Monday, May 13-15 — STARfest VI, the 6th annual in-house produced showcase of local talent, including the that of the Reichhold technical crew in staging and lighting, in its traditional Mother’s Day weekend slot. Tickets are $20, $12 and $8.
The Reichhold Center is also now marketing the return in 2000, after a two-year absence, of its summer Caribbean Repertory Company season. Three plays are to be produced — "Triptych," by St. Lucian playwright Kendel Hippolyte, June 23-26; "Jean and Dinah," by Tony Hall of Trinidad and Tobago, July 28-31; and "Smile Native Smile," by Reichhold director David Edgecombe, on Sept. 1-4.
There are savings to be had by buying tickets to multiple events. Packages for the five shows grouped in the Reichhold Foundation Series — the Puerto Rico Symphony, "Christmas Caribbean Style," Oakland Ballet, "Mahalia" and STARfest VI — for seating in the covered and lower open-air sections are discounted 20 percent.. If you choose five shows that include anything from the Foundation Series and the summer repertory series together, you’ll save 15 percent. And if you buy tickets to any four of these shows, you’ll save 10 percent. ("All the Kings’ Men," Third World and 21st Century don’t count toward discounts, according to the season brochure.)
Noting that the 1999-2000 season offers "as wide a range of productions as possible," Edgecombe says he hopes this diversity of options will "encourage more people to step out into something a little different."
In addition to the live performances, the Reichhold is offering a new "Cinema Sunday" film series, featuring award-winning foreign, animated and classic pictures. They’re offered most Sundays, at 7 p.m. with admission at $5. For a listing of dates and offerings, click here.
For information on ticket outlets and reservations by credit card, call the Reichhold box office at 693-1559. For more information about Reichhold programs, call 693-1550 or e-mail to boxoffice@reichholdcenter.com.

American Federation of Teachers President Glen Smith wants senators to say "no" to cost shifting on teachers' insurance and retirement contributions, changes in Act 4440 and elimination of five holidays. The issues are all part of the governor's memorandum of understanding with the Interior Department.
Smith wrote to Sen. Roosevelt David asking him to block the three initiatives placed before the Legislature by Gov. Charles W. Turnbull.
Smith said the initiatives put an additional load on the already-overburdened backs of government workers, and pointed out that teachers have not had salary increases for five years.
Smith said teachers are leaving the territory to find employment elsewhere because of the low salaries.
In the meantime sources have told St. Thomas Source that senators have a plan that will be included in the FY 2000 budget to increase property assessments by 5 percent. The extra money would go to the Education Department, specifically to increase salaries for beginning teachers.
Sen. Lorraine Berry was asked about the plan for Education during a meeting of the League of Women Voters earlier this month, but she would only say that more would be revealed during budget hearings.
Sen. Donald "Ducks" Cole also mentioned a plan by the Legislature to improve funding for Education. He, too, said he could not comment further about the plan.
Smith also wrote to Delegate Donna Christian-Christiansen asking her to explain her role in the memorandum signed early in October by Turnbull and Interior Secretary Bruce Babbitt.
Smith invited Christiansen to attend the monthly building representative meeting of the AFT at 4:30 p.m. Wednesday, Nov. 10, to make a presentation on the memorandum.

American Federation of Teachers President Glen Smith wants senators to say "no" to cost shifting on teachers' insurance and retirement contributions, changes in Act 4440 and elimination of five holidays. The issues are all part of the governor's memorandum of understanding with the Interior Department.
Smith wrote to Sen. Roosevelt David asking him to block the three initiatives placed before the Legislature by Gov. Charles W. Turnbull.
Smith said the initiatives place an additional load on the already over burdened backs of government workers, pointing out that teachers have not had salary increases for five years.
Smith said teachers are leaving the territory to find employment elsewhere because of the low salaries.
In the meantime sources have told St. Thomas Source that the senators have a plan that will be included in the FY 2000 budget that would increase property assessments by 5 percent. The extra money would go to the Education Department, specifically to increase salaries for beginning teachers.
Sen. Lorraine Berry was asked about the plan for Education during a meeting of the League of Women Voters earlier this month, but the senator would only say more would be revealed during the budget hearings.
Sen. Donald "Ducks" Cole also mentioned a plan by the Legislature to improve funding for Education. He, too, said he could not say any more about the plan.
Smith also wrote to Delegate Donna Christian-Christiansen asking her to explain her role in the memorandum signed early in October by Turnbull and Interior Secretary Bruce Babbitt.
Smith invited Christiansen to attend the monthly building representative meeting of the AFT at 4:30 p.m. Wednesday, Nov. 10 to make a presentation on the memorandum.

American Federation of Teachers President Glen Smith wants senators to say no during hearings today, Thursday, to increases in teachers' insurance and retirement contributions, changes in Act 4440 and elimination of five holidays.
The issues are all part of the governor's memorandum of understanding with the Interior Department.
Smith has asked Sen. Roosevelt David to block the three initiatives, saying they place an additional load on the overburdened backs of government workers. He noted that teachers have not had salary increases for five years, and were leaving the territory to find employment elsewhere because of the low salaries.
St. Thomas Source has learned, meanwhile, that Senators have a plan to increase property assessments by 5 percent. The extra money would go to the Education Department, specifically to raise the salaries of beginning teachers.
Sen. Lorraine Berry was asked about the plan during a meeting of the League of Women Voters earlier this month, but she would say only that more would be revealed during the budget hearings.

In a remarkably quiet, brief and orderly session Wednesday, the Senate Finance Committee approved 19 of the 35 bills on its agenda for the FY 2000 budget.
Chairwoman Lorraine Berry noted that the committee has been tangling with the budget since it was first received from Gov. Charles W. Turnbull almost five months ago.
Berry also noted that at the budget's reception, Campbell Malone, Legislature post auditor, cautioned that it was "flawed and dangerous." Berry commended her colleagues for "diligence and perseverance" in going over the often complex budget issues.
Fifteen of the 20 bills sent on to the Rules Committee contained the amendment that "each item contained in this act shall be reduced by the sum expended for the objects and purposes of such item between Oct. 1, 1999, and the effective date of this act."
Bill No. 23-0099 providing for an appropriation from the Tourism Advertising Revolving Fund to the Department of Housing, Parks and Recreation during the fiscal year ending Sept. 30, 2000, was amended to change the total amount of the bill from $500,000 to $450,000.
Bill No. 23-0099 to appropriate monies from the Anti-Litter and Beautification Fund to the Public Works Department for FY 2000 was amended to include St. John.
Bill No. 23-0124 providing an appropriation from the Fish and Game Fund was held over until Thursday's session, awaiting a balance update.
Bills that should stir some action Thursday include No. 23-0164, which provides for eliminating five current government holidays, and the controversial No. 23-0163, which addresses adjustments in retirement contributions.
Attending the meeting were Sens. Gregory Bennerson, George Goodwin, Roosevelt David and David Jones. Sen. Anne Golden was excused and Sen. Alicia "Chucky "Hansen was absent.
Thursday's session, originally scheduled for 10 a.m., has been rescheduled for 1 p.m., so senators can attend the funeral for John deJongh Sr.

Editor's note: For a summary of all the bills being considered this week go to Local Government, Senate Calendar.

In a remarkably quiet, brief and orderly session Wednesday, the Senate Finance Committee approved 19 of the 35 bills on its agenda for the FY 2000 budget.
Chairwoman Lorraine Berry noted that the committee has been tangling with the budget since it was first received from Gov. Charles W. Turnbull almost five months ago.
Berry also noted that at the budget's reception, Campbell Malone, Legislature post auditor, cautioned that it was "flawed and dangerous." Berry commended her colleagues for their diligence and perseverance in going over the often-difficult and time-consuming budget issues.
Fifteen of the 20 bills sent on to the Rules Committee contained the amendment that "each item contained in this act shall be reduced by the sum expended for the objects and purposes of such item between Oct. 1, 1999, and the effective date of this act."
Bill No. 23-0099 providing for an appropriation from the Tourism Advertising Revolving Fund to the Department of Housing, Parks and Recreation during the fiscal year ending Sept. 30, 2000, was amended to change the total amount of the bill from $500,000 to $450,000.
Bill No. 23-0099 to appropriate monies from the Anti-litter and Beautification Fund to the Public Works Department for FY 2000 was amended to include St. John.
Bill No. 23-0124 providing an appropriation from the Fish and Game Fund was held over until Thursday's session, awaiting a balance update.
Bills that should stir some action Thursday include No. 23-0164, which provides for eliminating five current government holidays, and the controversial No. 23-0163, which addresses adjustments in retirement contributions.
Attending the meeting were Sens. Gregory Bennerson, George Goodwin, Roosevelt David and David Jones. Sen. Anne Golden was excused and Sen. Alicia "Chucky "Hansen was absent.
Thursday's session, originally scheduled for 10 a.m., has been rescheduled for 1 p.m., so senators can attend the funeral for John deJongh Sr.

Editor's note: For a summary of all the bills being considered this week go to Local Government, Senate Calendar.

In a remarkably quiet, brief and orderly session Wednesday, the Senate Finance Committee approved 19 of the 35 bills on its agenda for the FY 2000 budget.
Chairwoman Lorraine Berry noted that the committee has been tangling with the budget since it was first received from Gov. Charles W. Turnbull almost five months ago.
Berry also noted that at the budget's reception, Campbell Malone, Legislature post auditor, cautioned that it was "flawed and dangerous." Berry commended her colleagues for their diligence and perseverance in going over the often-difficult and time-consuming budget issues.
Fifteen of the 20 bills sent on to the Rules Committee contained the amendment that "each item contained in this act shall be reduced by the sum expended for the objects and purposes of such item between Oct. 1, 1999, and the effective date of this act."
Bill No. 23-0099 providing for an appropriation from the Tourism Advertising Revolving Fund to the Department of Housing, Parks and Recreation during the fiscal year ending Sept. 30, 2000, was amended to change the total amount of the bill from $500,000 to $450,000.
Bill No. 23-0099 to appropriate monies from the Anti-litter and Beautification Fund to the Public Works Department for FY 2000 was amended to include St. John.
Bill No. 23-0124 providing an appropriation from the Fish and Game Fund was held over until Thursday's session, awaiting a balance update.
Bills that should stir some action Thursday include No. 23-0164, which provides for eliminating five current government holidays, and the controversial No. 23-0163, which addresses adjustments in retirement contributions.
Attending the meeting were Sens. Gregory Bennerson, George Goodwin, Roosevelt David and David Jones. Sen. Anne Golden was excused and Sen. Alicia "Chucky "Hansen was absent.
Thursday's session, originally scheduled for 10 a.m., has been rescheduled for 1 p.m., so senators can attend the funeral for John deJongh Sr.
Editor's note: For a summary of all the bills being considered this week go to Local Government, Senate Calendar.

Sen. Adlah "Foncie" Donastorg says he has information that high-ranking officials are trying to thwart an Industrial Development Commission investigation into violations of the V.I. Telephone Corp.'s IDC benefits.
Donastorg put his concerns in a letter to Attorney General Iver Stridiron, asking the AG to implement an inquiry into the accusation.
Donastorg has been a strong critic of Vitelco. In June he petitioned for a legislative Committee of the Whole meeting to look into possible wrongdoing by the Public Services Commission relative to Vitelco.
IDC acting director Frandelle Gerard said Wednesday she was not aware of the letter and had no knowledge of any attempts to interfere with the IDC beneficiary compliance-review process.
Gerard said all beneficiaries were now undergoing a review, but she could not comment on any specific beneficiary without consulting the partners involved in the process.
The review process is a joint effort involving Labor, Licensing and Consumer Affairs, the Internal Revenue Bureau and the Office of Corporations, she said.
The departments and agencies each submit a report on each beneficiary, which is then reviewed by the IDC.
Gerard did say there is a proscribed process under which the attorney general could be brought in.
Donastorg said he hoped the AG would not be "hindered in his investigation by an inappropriate sense of political loyalty.
"It is such concerns that lead me to believe that you and all future attorneys general should be elected, rather than appointed," he said. "Such independence would help assure the public that the attorney general is working for truth and legality rather than simply representing the administration."
Stridiron could not be reached. He was off-island, according to a staff member at his office.

Sen. Adlah "Foncie" Donastorg says he has information that high ranking officials are trying to thwart an Industrial Development Commission investigation into violations of the V.I. Telephone Corp.'s IDC benefits.
Donastorg put his concerns in a letter to Attorney General Iver Stridiron, asking the AG to implement an inquiry into the accusation.
Donastorg has been a strong critic of Vitelco. In June the senator petitioned for a Legislative Meeting of the Whole to look into possible wrong doing on the part of the Public Services Commission relative to Vitelco.
IDC acting director Frandelle Gerard said Wednesday she was not aware of the letter and had no knowledge of any attempts to interfere with the IDC beneficiary compliance review process.
Gerard said all beneficiaries were currently undergoing a review, but she could not comment on any specific beneficiary with consultation with the partners involved in the process.
The review process is a joint effort between Labor, Licensing and Consumer Affairs, Internal Revenue Bureau and the Office of Corporations, she said.
The departments each submit a report on each beneficiary which is then reviewed by IDC.
Gerard did say there is a proscribed process under which the Attorney General could be brought in.
Donastorg said he hoped the AG would not be "hindered in his investigation by an inappropriate sense of political loyalty.
"It is such concerns that lead me to believe that you and all future Attorneys General should be elected, rather than appointed.
"Such independence would help assure the public that the Attorney General is working for truth and legality rather than simply representing the administration."
Stridiron could not be reached. He was off-island, according to a staff member at his office.