Malite lawyers want govt assessed $28K

Lawyers of the Malite estate are asking the Superior court to assess over $28,000 against the government for its last-minute withdrawal of its request for preliminary injunction, citing the time and effort wasted on legal preparations in connection with the controversial $3.45-million land compensation dispute.

In an amended document submitted to the court yesterday, lawyers Pedro and Antonio Atalig pegged the cost related to research and other legal preparation to oppose the injunction request at $16,130.

They also included the cost of research and preparation against the government’s request to quash subpoenas, which was heard and decided a day before the scheduled Dec. 23, 2004 hearing on the injunction request. They pegged that cost at $4,910.

The Ataligs also want the court to assess against the government the cost related to the preparation and filing of their request to dismiss the lawsuit, which they pegged at $6,720.

The amount of attorney’s fees and costs the Ataligs want assessed against the government totals $28,260.

The scheduled hearing on the injunction request filed by lawyers representing attorney general Pamela Brown did not push through due to their withdrawal of that request on the day of the hearing.

A day earlier, Finance Secretary Fermin Atalig’s decision to revoke his authorization on the drawdown of the $3.45 million being claimed by the Malite estate from the government’s land compensation fund rendered moot the injunction request, since the monies could not be disbursed with or without an injunction.

Several government officials, including Gov. Juan N. Babauta, had appeared at the courtroom of Judge Juan T. Lizama for the Dec. 23 hearing pursuant to subpoenas issued them by the court. The subpoenaed officials would have been called to the witness stand had the injunction request hearing pushed through.

“The sudden and drastic last-minute change of plaintiff’s position wasted the defendants’ and the court’s time and effort, which plaintiff could have avoided,” the Atalig lawyers said.

The Atalig lawyers said that, had the government conducted a reasonable inquiry before filing the lawsuit, they could have easily asked the Finance secretary to withdraw his authorization to prevent the fund drawdown.

“A claim based on bad faith or a frivolous action can justify imposition of sanctions,” the Atalig lawyers said. “If a party or counsel abuses the litigation process, the court may impose sanctions.”

The Atalig lawyers also contended that the injunction request could have been withdrawn the day before, when the government requested the court to quash certain subpoenas.

Lawyers for the Marianas Public Lands Authority, its board of directors and commissioner are expected to file similar pleadings, as they joined in the request for the imposition of sanctions during the Dec. 23 proceeding. However, they have yet to file written submissions to the court.