Govt appeals Govendo’s orders in Marpi power poles project; opposes mediator

The CNMI government has appealed to the CNMI Supreme Court the orders issued by Superior Court associate judge Kenneth L. Govendo to momentarily stop the government from completing the power poles project in Marpi.

This developed as the Office of the Attorney General, as counsel for the CNMI government and several other government agencies and officials named as defendants in a lawsuit filed by Friends of Marpi, expressed opposition to the Friends of Marpi’s motion to appoint a mediator to resolve the case.

A status conference in the case will be conducted today, Tuesday, at 9am before Govendo.

Assistant attorney general Gilbert Birnbrich, counsel for the defendants, has notified the Superior Court of their intention to pursue an appeal to the CNMI Supreme Court of Govendo’s orders issued on May 11, 12, and 16, 2011.

The May 11 and 12 orders granted the preliminary injunction that suspended the power poles project for 90 days. The May 16 order was a written opinion in which Govendo described as “ludicrous logic” the government’s argument that a single, inconspicuous section mentioning the power poles is enough public notice about the matter.

Saipan Tribune learned that during a hearing on June 6, the Friends of Marpi asked Govendo to appoint a mediator who would assist the parties in working out a resolution to the power poles issue.

The government objected this, saying they do not believe that forced mediation is appropriate at this time.

In the defendants’ opposition to the motion, Birnbrich said the Friends of Marpi and co-plaintiffs mischaracterize the judge’s preliminary injunction order. Birnbrich said Govendo did not order the parties to engage in settlement negotiations with persons with binding settlement authority.

The judge, Birnbrich said, asked the parties to get together and discuss how the matter could be resolved.

“That is what defendants have done. Moreover, defendants believe that the discussion was useful,” he said.

Citing that the case is only a month and a half into its existence, the government counsel said that mediation at this stage is premature.

Birnbrich said not all parties—Department of Public Lands and DPL Secretary Oscar Babauta—have appeared in this lawsuit.

“It is extraordinarily early to force the parties to engage in mediation with persons with binding authority where the issues have not been joined, 10 causes of action are outstanding, and no evidence has been conducted,” he pointed out.

Birnbrich said they believe that plaintiffs perhaps feel that mediation is necessary now because the injunction is only for 90 days.

He said Govendo made it clear during the hearing on the motion for preliminary injunction that it granted the 90-day injunction because it wanted the opinions of the general public to be heard on the matter of powering Marpi.

Govendo also wanted to provide the U.S. Department of the Interior an opportunity to “conduct and complete a section 106 review.”

“The contemplated process is taking its course. There is no need to rush to mediation,” Birnbrich said.

Friends of Marpi’s Tina Sablan said yesterday in an email that numerous documents that have been requested from the government since even before litigation began have yet to be turned over to their group.

The power poles are part of a $2.9-million project to build a Marpi public cemetery. The poles are supposed to supply power to the public cemetery and the CNMI Veterans Cemetery. Only two more power poles need to be installed to complete the project.