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Rota mayor settles suit over alleged crop damage
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Posted on Mar 25 2012
The couple suing Rota Mayor Melchor A. Mendiola and several other government employees for allegedly invading and destroying their crops and plants at the Sabana Protected Areas have reached a settlement agreement.
Attorney Ramon K. Quichocho, counsel for plaintiffs Nurul Islam Paeda and Elizabeth Atalig Paeda, and attorney Joaquin DLG. Torres, counsel for Mendiola and co-defendants, asked the U.S. District Court for the NMI to dismiss the lawsuit.
The parties, however, asked the court to retain jurisdiction to enforce the settlement agreement, dated Feb. 28, 2012.
Each party agreed to bear their own costs and attorneys’ fees.
The parties also agreed to dismiss from the case Mayor Mendiola’s co-defendants, David M. Calvo, Brian M. Mendiola, Harry M. Mendiola, Francisco L. Mesngon, Michael B. Manglona, Benedicto M. San Nicolas, and 10 unnamed defendants.
The parties stipulated that these co-defendants be substituted by the Municipality of Rota, which will assume all obligations of the dismissed defendants.
The Paeda couple filed the lawsuit in May 2011. They sued the defendants for conspiracy to deprive them of property, deprivation of property, and intentional infliction of emotional distress.
In their complaint, the Paedas asked the court to issue a mandatory injunction to order the defendants to immediately cease and desist from harassing or bothering them, or stealing or destroying their properties.
Quichocho said that since 1991, the Paedas have been farming at the Sabana Protected Areas. Besides being a protected area, the Sabana is also designated for farming activities, under the supervision of the Department of Lands and Natural Resources.
Quichocho said that, sometime in 2010, Mendiola and certain defendants ordered that the soil cultivation and water supply provided by the government to the farmers be stopped at a certain area of the Paeda’s Sabana farm. As a result, Mr. Paeda was forced to downsize his farm operation.
Quichocho said that, on Jan. 21, 2011, the defendants bulldozed the plaintiffs’ crops and opened at least four undesignated right of ways through the couple’s farm.
