Norita says he never denied permit to a company that is now suing him

As then-Department of Fire and Emergency Medical Services commissioner, Claudio K. Norita said he never denied a fire system permit to a company that is suing him and a DFEMS fire inspector.

Norita pointed out that an installer’s permit is not required for a fire suppression system to be installed or the system to be approved.

Norita’s declaration was attached to support his motion for summary judgment that seeks dismissal of a lawsuit filed by Double A Corp.

Double A is a company that is engaged in the installation of fire sprinkler systems. The company sued Norita and DFEMS fire inspector Anthony Babauta last March for allegedly causing it to lose $410,150 when DFEMS allegedly refused to accept its permit application.

Double A is suing for alleged deprivation of property without due process.

Double A, through counsel Joseph E. Horey, is demanding unspecified damages, court costs, and attorney’s fees.

Claudio K. Norita

In his declaration, Norita said he never received any application from Double A and was generally unaware that the company was seeking a fire system permit until he received the Open Government Act request.

He said he never received or saw an appeal—verbal or written—from Double A, regarding a fire system permit.

Norita said he never spoke with Proper Grand CNMI LLC about Double A or any fire sprinkler system that was to be installed in 2017 in any complex or building they owned.

He said the Division of Fire Prevention maintains a list of companies and persons who have previously installed fire suppression systems that had been approved. This list, he said, has no impact upon the approval or disapproval of any installed fire system.

“I have never expressed an opinion on adding or removing any company from this list,” Norita said.

He said his role in the fire permitting system was to sign permits that were recommended by Division of Fire Prevention after he ensured applicants had paid their permit fees.

Norita said he never rejected a permit that was sent with a recommendation for approval from the Division of Fire Protection other than for lacking proof of payment.

In fact, permit applications that do not get a recommendation for approval by the Division of Fire Prevention are not routed for his review or approval, he said.

Assistant attorney general Kastle Lund Turner, counsel for Norita, asked the court to grant Norita’s motion for summary judgment as he was acting pursuant to his authority as DFEMS Commissioner.

Turner said Norita’s reliance on the recommendation of the Division of Fire Prevention was reasonable.

Turner said plaintiff points to no established law that Norita has violated.

According to Horey in the complaint, Double A submitted a quotation to Proper Grand CNMI LLC for the fire sprinkler system installation work on Oct. 20, 2017, for buildings operated by Proper Grand, known as Sugar King Dormitory.

Horey said Proper Grand agreed to hire Double A for the project at a price of $410,150.

The lawyer said Double A applied for a permit with Babauta that would authorize it to install the sprinkler system.

Babauta allegedly refused to accept any permit application from Double A, failed to issue the permit sought, and failed to examine the company’s application.

Horey said Double A appealed to Norita and that Norita also refused to accept any permit application from Double A and failed to state the reasons for his rejection of the application.

Horey said Double A lost the value of its contract with Proper Grand.

He said Norita and Babauta maintain a list of contractors for whom they will grant permits to install.

Horey said that, by excluding Double A from this list, defendants have effectively “blacklisted” the company and “deprived the company of its liberty to freely contract for lawful business.”