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CNMI govt settles landowner’s lawsuit
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Posted on Jun 19 2011
The government has settled a landowner’s lawsuit against the Department of Public Lands and the Department of Public Works over the alleged taking of her land without compensation.
Robert T. Torres, counsel for plaintiff Carmen C. Nosek, signed yesterday a stipulation to dismiss the lawsuit with DPL and DPW, through counsel Braddock J. Huesman.
The lawyers informed the U.S. District Court for the NMI that they agreed to dismiss the lawsuit in its entirety, with prejudice, as to all claims. The parties will bear their own attorney’s fees and costs.
“The Court, however, shall retain jurisdiction over this matter as to enforcement of the terms of settlement,” the lawyers said in court documents.
The terms of the settlement were not indicated in court papers.
In her lawsuit, Nosek asked the court to rule as void and unenforceable the government’s memorandum of understanding that conditions the compensation for the property upon the allocation of funding by the Legislature and subject to availability of funds.
Torres stated in the complaint that the CNMI certified Nosek’s property for taking for purposes of a public roadway and utilities under the Land Compensation Program effective in 1990.
“Despite repeated promises that Carmen Nosek would be compensated for the taking of her land, it has become clear that the Commonwealth will not honor its promise,” Torres said.
Nosek reportedly owns four lots on Saipan containing a total of 1,320 square meters.
