Court junks case vs reburial of remains at IPI

File photos show participants taking part in a reburial ceremony last Aug. 21, 2020, for 700 ancestral remains that were dug up during the construction of the Imperial Pacific Saipan casino in Garapan. The CNMI Historic Prevention Office, in partnership with Imperial Pacific International (CNMI) LLC, led the reburial ceremony on the grounds of the casino itself. (KRIZEL TUAZON)

The U.S. District Court for the NMI has dismissed the lawsuit of a husband and wife who were looking to stop the reburial of ancient Chamorro remains found during the construction of the Imperial Palace Saipan in Garapan.

Chief Judge Ramona V. Manglona dismissed, without prejudice, the case filed by Liana Hofschneider and her husband, Richard Hofschneider, who were seeking to stop the re-interment of the 700 ancestral remains that were dug up at the IPI casino construction site.

Manglona denied the complaint for lack of jurisdiction.

She stated that the Hofschneiders had not sufficiently pleaded facts to establish the court’s jurisdiction, and the complaint does not have diversity jurisdiction. The complaint also did not have a claim arising under the federal question jurisdiction.

“The only federal law mentioned in the draft complaint to assert a claim is the National Historic Preservation Act of 1996,” Manglona’s order said.

However, Manglona said the act did not create a private right of action.

In its complaint, the Hofschneiders asked the federal court to order the CNMI government and IPI to immediately stop the reburial of the estimated 700 ancestral Chamorro human remains last Aug. 21, 2020.

They also wanted the federal court to issue an order to demand that the CNMI government, IPI, and archaeological firm Scientific Consultant Services Inc. pay $25 million for the desecration of an over 1,000-year-old ancient Chamorro village and burial ground to make way for the casino operation.

“We are claiming this amount because we cannot put a price tag on the irreplaceable, invaluable and sacred heritage that were left behind from our ancestors of thousands of years past that is now lost for the future generation; and a heritage that could not be shared with our children and as our national heritage,” the Hofschneiders’ complaint said.

The Hofschneiders filed their complaint against Gov. Ralph DLG Torres, Attorney General Edward Manibusan, Department of Community and Cultural Affairs Secretary Robert Hunter, State Historic Preservation officer Rita C. Chong-Dela Cruz, and Cui Li Jie of IPI.

The casino site is located in what used to be an ancient Chamorro settlement called Anaguan. In the 1990s, the first archaeological excavation at Anaguan was conducted, wherein 268 remains were discovered. In 2015, a second excavation was conducted, wherein 416 ancestral remains were discovered.