Wiseman denies Best Sunshine’s request to intervene

Superior Court Associate Judge David A. Wiseman has denied casino license applicant Best Sunshine International Ltd.’s request to allow it to intervene in the lawsuit filed by another casino applicant, Marianas Stars Entertainment Inc., against the CNMI government.

In the same order on Friday, Wiseman also denied Best Sunshine’s emergency motion to dissolve or modify the court’s temporary restraining order against the casino process.

Wiseman ruled that as Best Sunshine is not a party to the lawsuit at this point, its emergency motion to dissolve or modify the TRO is procedurally improper.

In denying Best Sunshine’s motion to intervene, the judge said he does not find good cause to bypass a critical procedural aspect of the case to address the immediate concerns of Best Sunshine, which is not a party to the case.

Wiseman, however, stated that he will address Best Sunshine’s motion to intervene after the preliminary injunction hearing tomorrow, July 1.

Best Sunshine, through counsel Michael Dotts, asked the court to allow it to intervene in the lawsuit and asked to dissolve or modify the TRO that stops Gov. Eloy S. Inos, the CNMI government, the Commonwealth Lottery Commission, and the Finance secretary from either denying or approving a casino license.

Dotts said that Best Sunshine International should be allowed into this lawsuit to defend the law that will make it possible for Best Sunshine to obtain a casino license.

Dotts said the TRO should either be immediately dissolved or modified so that only disbursement of the $30 million deposited by Marianas Stars Entertainment will be enjoined if the company is issued the license.

Wiseman issued the TRO on June 19 after Marianas Stars Entertainment filed on that same day the lawsuit and requested a TRO. Marianas Stars, through counsel Sean Frink, asserted that the company will be irreparably harmed if the TRO is not issued pending the resolution of its case.

Frink said a casino license cannot be issued without the participation of the Casino Commission, which does not exist yet because no commissioners have been approved to serve.

In his order on Friday, Wiseman said he does not find that Best Sunshine would suffer any injury if the court allows the TRO to stand and maintains the July 1 hearing for various reasons set forth in Best Sunshine’s motions and Marianas Stars’ opposition.

Wiseman said he will allow Best Sunshine’s lawyer to appear at the July 1 hearing and argue at that time why it should be allowed to intervene in the case.

Wiseman said he expects Best Sunshine to file a memorandum detailing both the applicable law and respective arguments as to the necessary factors to be considered in a motion to intervene.

The judge said he recognizes that June 30, 2014, is 90 days after Public Law 18-43 was signed into law. However, he said he does not find at this time that the Lottery Commission would be absolutely prohibited from issuing a license after that date.