MPLA contests extending injunction on Malite case

The Marianas Public Lands Authority opposed yesterday the attorney general’s request to extend the 10-day injunction blocking the release of $3.45 million in land compensation to the Malite Estate.

Mark Smith, attorney for the MPLA board of directors, told the court that the motion filed by the Attorney General’s Office failed to show sufficient reason why the temporary restraining order must be extended.

Smith added that the motion is “littered with inaccuracies” and therefore should be denied.

The AGO filed the motion last Monday, urging the Superior Court to extend the TRO, which is scheduled to expire on Dec. 23. The AGO maintained that the remaining days of December 2004 and beginning of January 2005 are holidays and time to be spent with the family.

However, Smith said the AGO’s suggestion that the holiday season warrants an extension does not justify the AGO’s request.

“[The AGO] could easily request that this matter be heard before the court on or before Dec. 23, 2004. In addition, there are work days in between Christmas and New Year’s [Day] which will provide all parties an opportunity to appear at an evidentiary hearing for plaintiff’s preliminary injunction,” Smith said.

He also maintained that the AGO cannot subvert any avenue for relief available for the defendants, now that the AGO has obtained a TRO.

“It is clear [from] the Attorney General’s conduct that it was insensitive to the plight of [the] Malites for decades and remains insensitive. The Malites’ land was taken from them; they have been plagued with legal problems surrounding their land; they have waited patiently and waited too long for this case to be resolved,” Smith said.

Further, the MPLA board’s attorney pointed out inaccuracies in the AGO’s motion.

He said that, contrary to the AGO’s claim, MPLA board member Benita Manglona did not vote to approve the land compensation awarded to the Malite Estate.

The AGO had accused Manglona of conflict of interest when she allegedly voted in favor of the $3.45-million award. Manglona is the sister of the Malite family attorney, Pedro Atalig.

“Benita Manglona sat in on the discussions on the Malite matter and despite legal counsel’s opinion that she could vote on the matter, [she] decided to abstain from voting on the Malite matter,” Smith said.

Supporting Smith’s contention was a declaration by Manglona and a copy of the minutes of the MPLA board’s Aug. 13 meeting, when the board approved the Malites’ land compensation.

Smith also noted that Edward Deleon Guerrero is the MPLA commissioner, not the financial comptroller as the AGO had stated.

Further, he said the Malite family has never received money for their land, contrary to the AGO’s claim.

“The attorney general does not know the facts and should not be granted any further extension on the injunction already granted,” Smith said. “

The AGO filed a lawsuit against MPLA, the Commonwealth Development Authority, and the Malite estate administrator on Dec. 3, asking the court to stop the $3.45-million land compensation payment to the heirs of Angel Malite.

Malite owned the 6,900-sq.m. Marianas High School property before it was taken by the then Trust Territory government in 1968.

On Dec. 9, Superior Court Associate Judge Juan T. Lizama issued the temporary restraining order. The TRO indicated that it would be effective for 10 days, “unless within that time it is extended for good cause shown.”