Govendo issues injunction vs Rota landowners

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Posted on Feb 19 2009
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Superior Court Associate Judge Kenneth L. Govendo has issued an injunction preventing two landowners on Rota from blocking a road or harassing anyone going to the offices of the Commonwealth Development Authority and the Northern Marianas Housing Corp. on the island.

In Wednesday’s hearing, Govendo ordered Evelyn Manglona Mendiola and Glenn H. Manglona from blocking or putting up “no trespassing” signs on the easement that leads to CDA’s property.

Govendo urged Mendiola and Manglona to talk with CDA counsel F. Matthew Smith to resolve the issue.

The judge told CDA to check the fence near the road that, according to Mendiola, has electricity to secure the cows.

“I don’t want anyone ending up being bacon!” Govendo said.

Govendo told Mendiola that giving CDA and NMHC the injunction does not imply that the easement property is not hers, but that “there should be a way of resolving [the issue].”

The judge told Mendiola to get an attorney and finish the probate on the land.

Mendiola, who participated in the hearing through the phone, admitted that she was the one who blocked the road because that’s her property.

Mendiola emphasized that the reason why she is concerned about trespassing in the property is because the fence is electrified. “The fence around it is electric. That’s why I don’t want to be liable,” she said.

Smith said he is not aware of the electric fence.

Mendiola said if her brother, Glenn Manglona, foreclosed his property, it’s his problem with CDA, and not hers.

Govendo said that Manglona also needs a lawyer. “Glenn, you’re using lawyer logic, but you are going in the wrong direction!” Govendo said.

Manglona said his sister can do whatever she wants with the land because that’s her property.

Manglona blamed CDA for allegedly not doing its job in checking that the subject property has not been fully resolved through a pending probate. He said CDA did not check if the property that he had put up as collateral in his loan was clear of any interest.

Smith asserted that CDA did check.

The judge also removed Dianne Manglona Quitugua from the case after learning that she was not involved in the disputed property.

Govendo stated that he wants to look into the probate of the land that was handled by former judge Juan T. Lizama.

Govendo earlier issued a temporary restraining order preventing Manglona, Mendiola, and Quitugua from harassing or contacting CDA and NMHC and their staff on Rota.

In the TRO issued Friday, Govendo ordered the three or any of their representatives to immediately remove all obstruction or barriers such as ropes or cars, blocking the easement that allows access to CDA’s property.

CDA and NMHC on Friday filed a petition to enjoin the three respondents from blocking any person’s or entity’s access to CDA’s real property on Rota.

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