Road to CDA, NMHC offices on Rota blocked

Superior Court Associate Judge Kenneth L. Govendo has issued a temporary restraining order to prevent three landowners from harassing or contacting the Commonwealth Development Authority and the Northern Marianas Housing and their staff on Rota.

In the order issued Friday, Govendo ordered Dianne Manglona Quitugua, Evelyn Manglona Mendiola, and Glenn H. Manglona or any of their representatives to immediately remove all obstructions or barriers such as ropes or cars blocking access to CDA’s property.

The judge also directed the respondents to immediately remove any and all “no trespassing” signs or other messages discouraging any person’s access to CDA’s property.

Govendo ordered the Department of Public Safety, including its Rota branch, to enforce the order immediately.

Govendo directed the respondents to appear in court on Saipan today, Wednesday, to explain why the TRO should not be granted.

Saipan Tribune learned from CDA yesterday that, because of the TRO, the barriers have already been removed.

CDA and NMHC on Friday filed a petition to stop Dianne and Glenn Manglona and Mendiola from blocking any person’s or entity’s access to CDA’s property on Rota.

Attorney F. Matthew Smith, lawyer for the petitioners, stated that in November 2006, CDA was granted a default judgment against Mr. Manglona’s ex-wife, Aloyse M. Manglona, in a civil lawsuit.

In both judgments, Smith said, the court found that if Mr. and Mrs. Manglona fail to pay their debts to CDA within the time prescribed, then CDA could sell all of their rights and interests in a parcel of real property on Rota.

Smith said that, on April 3, 2008, after Mr. and Mrs. Manglona failed to pay the judgments against them, CDA was granted a writ of execution against the lot, and the property was ordered seized and sold at public auction.

The auction was held on July 18, 2008, and all of Mr. and Mrs. Manglona’s rights, title, and interest in the lot were subsequently sold to CDA.

Smith said that despite these facts, on several occasions in the latter part of 2008, Mr. Manglona and his family harassed and intimidated CDA’s previous tenant on the property until the tenant was forced to move out.

Smith alleged that Rota DPS was asked several times to address these trespassers and hold Mr. Manglona accountable for his criminal actions, but the island’s police failed to take action.

CDA’s property on Rota is a commercial property, but is landlocked behind another parcel of real property. The property in the front is owned by Dianne Quitugua, Evelyn M. Mendiola, Glenn H. Manglona, and other Manglona family members.

The property in the front contains an easement in a road that allows access to CDA’s property in the rear portion.

Smith said the easement was created and used previously by the Manglona family for years to access the lot, and it is the only means of access to CDA’s property.

After the Manglona family forced out CDA’s first tenant on the property, Smith said, CDA made the decision to begin using the property for its own offices.

NMHC, as a tenant of CDA, also moved its offices to the property.

Last Thursday, Smith said, Dianne Quitugua posted a “no trespassing” sign near the easement in the road, and also put up a rope across the easement in the road, blocking CDA’s and NMHC’s access to the property.

On Friday, the lawyer said, Evelyn Mendiola moved a broken-down vehicle to further block CDA’s and NMHC’s access to the easement.

Smith said he and CDA have made numerous attempts to get Rota DPS to take action, stop the trespassing, remove the obstructions, and allow CDA and NMHC access to the property. But Rota DPS has consistently declined to take any action against the Manglona family, he said.

“Due to Glenn H. Manglona’s prior trespasses on the property, and the family’s intimidation and harassment of CDA’s previous tenant, CDA, NMHC, and their employees and clients all have justifiable concern for their health, welfare and safety,” Smith said.

He said NMHC’s programs are created by federal mandate and overseen by the U.S. Department of Housing and Urban Development, and that interruption of NMHC’s services threatens these important federal programs.

He underscored the importance to have a TRO in order to allow CDA, NMHC, and their employees and agents access to the property, and to protect them from immediate and irreparable harm.