Judge denies TRO request vs MPLA
The Attorney General’s Office yesterday sought a temporary restraining order against the Marianas Public Lands Authority to prevent from allegedly wasting MPLA assets. It was denied.
Superior Court Associate Judge David A. Wiseman issued the denial on the ground that it was not accompanied by a verified complaint.
Wiseman also questioned, among other things, the AGO’s standing to file the TRO and motion for preliminary injunction in the civil case filed by landowner Antonio CH. Camacho.
On Tuesday, Wiseman found MPLA liable to pay Camacho $444,210 in just compensation plus interest over the taking of his two parcels of land.
Assistant attorney generals Alan J. Barak and Kristin St. Peter, on behalf of the Department of Public Works, requested for TRO and a preliminary injunction.
Barak and St. Peter appeared in court yesterday. Attorney Alan Lane appeared for MPLA, while attorney Perry B. Inos represented Camacho.
The government lawyers, on behalf of DPW, moved for the TRO and injunction to enjoin the alleged unlawful decisions of a special meeting of MPLA scheduled yesterday at 2pm.
The Saipan Tribune learned that, when Wiseman heard the TRO request, the MPLA meeting had already been finished.
The government counsel cited that they received information that the special meeting is an attempt by MPLA’s governing body to deplete its bank accounts, financial resources, and other assets in anticipation of legislative action that seeks to abolish MPLA.
Barak and St. Peter said the AGO received allegations yesterday that MPLA intends to buy out recently executed employment and other contracts.
“This would cost substantial sums, sums which the AGO believes the MPLA lacks if it is to satisfy outstanding obligations, including the two recent Camacho [brothers Antonio and Jose] judgment orders,” they said.
The AGO believes, the lawyers said, that MPLA may also seek to satisfy certain substantial land claims out of turn and in violation of standard fiduciary practice.
“In the instant case, if MPLA is not stopped it will drawdown its bank accounts and squander its assets in anticipation of being abolished,” they said. “It is within the public interest to preserve the scarce revenues generated from the Commonwealth’s public lands and to ensure that these resources are expended wisely and with due care, according to the principles of fiduciary care for the intended beneficiaries, people of Northern Marianas descent.”
Barak and St. Peters refused to comment after the hearing. Lane also declined to comment.